Whitworth

The judgment in this case was for damages which the court found plaintiff had suffered by reason of a collision which occurred between an automobile driven by a son of the defendant and one belonging to the plaintiff. The defendant, on this appeal, urges several grounds for a reversal of the judgment. There was a plea of contributory negligence in the answer, and a cross-complaint asserting an alleged cause of action for damages in favor of defendant, growing out of the same collision.

[1] Considering first the claim that the evidence failed to establish any negligence on the part of the driver of defendant’s machine. Los Robles Avenue, in the city of Pasadena, extends in a northerly and- southerly direction. Walnut Street intersects it at right angles. Walnut Street is thirty feet in width; Los Robles Avenue is fifty feet wide. At about 7 o’clock in the evening, in November, 1919, a sister of the plaintiff was driving a large coupé westerly along Walnut Street. She was accompanied by three other ladies. The three latter were witnesses at the trial, bnt as none of them were paying heed to conditions upon the street at the time, their testimony furnishes little aid to a solution…