Kemp

These two. actions were for the recovery of damages for personal injuries suffered in a collision between a motor-bus owned and operated by defendant Van Bezel and a switch engine of defendant corporation. The plaintiffs, who were husband and wife, were passengers in the motor-bus. Under stipulation the two actions were tried together by a jury. Plaintiffs had judgment against defendant Van Bezel, and he appeals.

[1] The first contention of appellant is that there was no sufficient evidence of negligence on his part. The accident occurred at the intersection of Seventh and Alameda Streets, in a thickly built industrial district of Los Angeles. A brick building stood at the right of the motor-bus as it approached the intersection, obscuring the view of the driver toward the direction from which the switch engine came. The driver of the bus and some others testified that the engine gave no signal or warning as it approached, and that it bore no lights, the accident having" occurred between 12 and 1 o’clock at night; but there was much evidence to the contrary. The driver of an automobile which was seventy-five feet behind the bus at the crossing, having just been passed by it,…