Cooper

This is an action for damages for injuries to person and property resulting from a collision between an automobile truck owned and operated by plaintiff and a seven-passenger touring ear belonging to defendant and operated by him, through his agent, as a jitney bus. The collision occurred September 14, 1919, at the southwest corner of the intersection of Castro and Seventh Streets, in the city of Oakland. Judgment was rendered in favor of plaintiff for the sum of $500. Defendant appeals, attacking certain findings, as not supported by the evidence, to the effect that plaintiff was not guilty of contributory negligence, but was driving carefully on the right-hand side of Castro Street and that defendant was negligent, which negligence was the cause of the damage.

Defendant states: “Our sole contention of plaintiff’s contributory negligence is based upon the’ fact testified to by him that when he reached the intersection of Seventh and Castro Streets he came almost to a stop and then proceeded to cross Seventh Street at a rate of approxi mately seven miles per hour directly in the path of the jitney automobile. ’ ’ Hie argues from this that when he (plaintiff) came almost to a stop…