Phillips

Plaintiff recovered judgment against defendants for damages sustained by him in a collision between *Page 642 his automobile and a street-car operated by defendants. The defendants have appealed from the judgment. The collision occurred on Holt Avenue in the city of Pomona. Holt Avenue runs east and west. There is a single street-car line along the street in the south half thereof. It was stipulated by the parties "that from the south rail of the street car track to the south curb of Holt avenue was 25 feet 6 inches and that the distance from the north rail of said track to the north curb line of Holt avenue is 37 feet, and that it is 5 feet between the rails." On either side of the street, between the curb and the sidewalk, there is a row of large pepper trees. Street-cars are run along the track in both directions. The collision occurred about 9 o'clock in the evening, May 5, 1923. Four automobiles were going east along the south side of the avenue, plaintiff being in the rear, driving a Ford touring car. Ahead of them, coming from the east, was the defendants' street-car. Plaintiff attempted to pass to the left of the automobile ahead of him and in doing so came into collision…