Anderson

This isan appeal by plaintiff from the order of the trial court granting defendant’s motion for a new trial upon the ground of insufficiency of the evidence to sustain the verdict.

The action was one for damages for personal injuries arising out of a collision between a motorcycle upon which plaintiff was riding as the guest of the driver and an automobile driven by defendant. The accident occurred at the intersection of San Jose Avenue and Loma Alta Avenue. These streets intersect approximately at right angles, said Loma Alta Avenue running in a general northerly direction and terminating at San Jose Avenue. At the west side of the intersection San Jose Avenue divides, forming a narrow Y, the southerly branch of which is a continuation of. said San Jose Avenue and the northerly branch of which is known as Main Street. Plaintiff and his companion on the motorcycle proceeded at a high rate of speed in an easterly direction on Main Street and passed on the right-hand side of two other automobiles going in the same direction at about the time these automobiles entered the intersection. These other vehicles slowed down to permit defendant, who was approaching from the opposite…