Burns

Action to recover damages for personal injuries alleged to have been sustained in a collision claimed to be due to defendant’s negligence. The injuries suffered consisted of the destruction of plaintiff’s automobile, medical services and loss of time. The answer and' amendment thereto denied the negligence charged and specifically alleged contributory negligence on the part of plaintiff. Upon the issues thus framed the cause went to trial before the court sitting without a jury. At the conclusion thereof judgment was rendered in favor of the defendant, from which judgment plaintiff appeals.

It is here claimed that the findings of fact and conclusions of law are not supported by and are contrary to the evidence. The appeal is entirely devoid of merit. Prom the findings it appears that on the twenty-second day of September, 1923, at the intersection of Division Street with the private right of way of the Los Angeles-Eagle Rock interurban railroad line, the plaintiff negligently and carelessly and without exercising ordinary care or caution and without stopping or listening or looking, or exercising any care to ascertain if an interurban car was approaching, drove his automobile in…