Uhl

Plaintiffs were awarded judgment for damages. They alleged in their complaint that defendant operated in a negligent manner an automobile upon the public highway, with the result that it collided with a similar vehicle owned by the plaintiffs and damaged the latter. It was particularly alleged that the defendant’s car was being driven at a speed in excess of thirty-five miles per hour. The amount of the recovery allowed was the sum of $650, from which judgment the defendant has appealed.

San Fernando Boulevard, in the county of Los Angeles, is a paved thoroughfare twenty-four feet in width. It is one of the main highways carrying traffic to and from points northward in the state, and along its course stage lines and other passenger vehicles are accustomed to travel at a high rate of speed. It is admitted that at the place where the accident hereinafter referred to occurred conditions were such as to authorize a driver of a motor vehicle upon that highway to maintain the maximum speed permitted by the Vehicle Act (Stats. 1915, p. 397, as amended by Stats. 1917, p. 382, and Stats. 1919, p. 191), to wit, thirty-five miles per hour. The highway from the point mentioned extends in a…