Blackwell

Plaintiff sued to recover damages for injuries alleged to have been suffered through the negligence of defendant. The cause was tried before the court sitting without a jury, and the findings and judgment were in favor of plaintiff. The alleged negligent acts of defendant consisted in so driving an automobile on a public street at the outskirts of the city of Los Angeles that it collided with plaintiff, who was a pedestrian upon the street. At the outset it may be observed that there was a conflict in the evidence as to the manner in which the accident occurred. Plaintiff testified that at about 5:30 o ’clock p. m. on the tenth day of November, 1910, he and his wife alighted from a car which was traveling southerly on Santa Fe Avenue and at the junction of the latter street with Vernon Avenue; that Vernon and Santa Fe avenues intersect at that point at right angles; that plaintiff’s home was located a short distance southerly from Vernon Avenue on Santa Fe Avenue, toward which place he and his wife were then traveling; that Santa Fe Avenue at that location was in the condition of an ordinary county road, having a very rough surface and without cement or other sidewalks on either…