Hollenbaugh

An automobile driven by the appellant herein collided with another driven by respondent, who was by a jury awarded damages for injuries alleged to have been sustained by the latter. Motions for nonsuit, an instructed verdict in favor of the defendant, and for a new trial were denied. The defendant appealed from each of the orders denying said motions, and from the judgment.

It has repeatedly been held that it was clearly the intent of the legislature in abolishing appeals from such intermediate orders that all matters embraced within their purview should be considered upon appeal from the judgment. (Green v. Duvergey, 146 Cal. 379 [ 80 Pac. 234 ] ; Wilcox v. Hardisty, 177 Cal. 752 [ 171 Pac. 947 ].)

The facts disclosed by the deposition of the plaintiff, and upon his cross-examination by the defendant’s counsel, are not contradicted. He was proceeding in a southerly direction along the westerly side of Whittier Boulevard, in the city of Whittier, and as he approached Penn Street he slackened his speed, indicating by his left arm and hand that he intended to turn toward the left, crossed the railroad tracks to the easterly side of the boulevard, and after looking down the street…