Kearney

This is an appeal by defendant from a judgment in favor of plaintiff for the sum of three thousand (3,000) dollars,, in a case brought to recover damages for personal injuries sustained as the result of a collision between the motorcycle ridden by plaintiff and a motor-truck driven by the defendant. The case was, tried by the court sitting without a jury. The injuries to plaintiff were of a serious nature, consisting of cerebral concussion, a fracture of the skull, lacerations and severe contusions of the face and mouth, loss of teeth, and internal and permanent injuries.

The collision occurred at or about the intersection of Forty-seventh Street and Telegraph Avenue, in Oakland. The first-named street runs in a general easterly and westerly direction terminating in Telegraph Avenue, and is thirty-six feet wide from curb to curb. Telegraph Avenue pursues a general northerly and southerly course, and has a width of sixty feet. Constructed upon it are two streetcar tracks, the nearer of which to the westerly curb of the avenue is about twenty feet therefrom. At the north west corner of the intersection of these thoroughfares there is a two-story building adjacent to other…