Huntington

Defendant appeals from a judgment entered against him. Recovery was had in the lower court upon a cause of action charging that defendant had negligently operated an automobile on a public highway and thereby caused a collision to occur between the automobile and a motorcycle upon which plaintiff was riding. In the answer filed the negligent acts charged against the defendant were specifically denied, and the affirmative defense was made that the accident was proximately caused by the plaintiff’s own negligence. This defense of contributory negligence was alleged first in general terms, and it was then specified “that one of said acts of negligence aforesaid on the part of plaintiff is that plaintiff, at said time and place, drove said motorcycle at a high and unlawful rate of speed, to wit, between thirty-five and forty miles per hour.” Lincoln Avenue in the city of Pasadena is a street having a clear roadway width of about fifty-five feet. Its direction is generally north and south. Entering the westerly side of this street and at an angle bearing to the north is Canada Avenue, a street thirty feet in width. At the time of the accident, it being after nightfall, the defendant,…