Fate

The defendant H. M. Gross appeals from a judgment rendered against him in an action brought by the plaintiff, Lewis A. Fate, for damages on account of personal injuries sustained by the latter as a result of a collision between the defendant’s automobile and plaintiff’s motorcycle.

The action against appellant’s codefendant Todd Protectograph Company, a corporation, was dismissed on a motion for a nonsuit.

The trial was had before the court sitting without a jury, and the court found that the defendant was and that the plaintiff was not guilty of negligence. The question of the insufficiency of the evidence is the only one presented on this appeal aand therefore if there is substantial evidence in the record to support the findings, the judgment must be affirmed.

The collision occurred on North First Street, in the city of San Jose, at a point nearly opposite the steps of the courthouse, at the hour of 5:40 on the evening of March 31, 1921. Defendant was traveling in an automobile northerly on the right-hand side of North First Street, at a rate of speed of about ten miles an hour. The plaintiff was riding on a motorcycle, and was traveling behind but in the same direction with…