Pollard

From a judgment in favor of plaintiff, defendant appeals. The accident, which is the basis of the action, occurred at the intersection of Union Street and Venice Boulevard in the city of Los Angeles. Plaintiff Bell, with plaintiff Smith as a passenger, was driving his automobile south upon Union Street, while defendant was driving in an easterly direction on Venice Boulevard. The two streets do not cross at right angles, but on the south side of Venice Boulevard, Union Street enters Venice Boulevard some thirty or forty feet to the west of where it enters on the north side of the boulevard. A traffic button is in the center of Venice Boulevard at a point in the middle of Union Street, where it enters from the south. Plaintiff Bell testified that he first saw defendant’s automobile some sixty feet away as he was turning the button in the center of Venice Boulevard, and that the front wheels of his machine were at the south curb line of Venice Boulevard when defendant’s automobile hit his automobile in the rear. Defendant’s automobile was traveling at a fast rate of speed, thirty-five to forty miles per hour, being the testimony of plaintiffs ’ witnesses.

Appellant’s first…