Pope

Plaintiffs brought an action against defendant for damages resulting from an automobile collision. After a judgment in favor of defendant on a trial by jury, a new trial was granted. The defendant appeals from the order granting the new trial.

The order read “Motion for new trial granted.” It will, therefore, be presumed that it was not based upon the ground of the insufficiency of the evidence. (Code Civ. Proc., sec. 657.) In support of the trial court’s order granting the new trial respondents rely upon error in the instructions to the jury.

Appellant’s first contention is that the new trial should not have been granted as there was no evidence to support a verdict for plaintiffs. We cannot agree with appellant in this regard. The accident happened in March, 1928, in a circle at the intersection of five streets in San Francisco. This circle has a radius of eighty feet and traffic from Tar aval Street, Montalvo Avenue, Dewey Boulevard, Kensington Way and Claremont Boulevard enter upon it. Plaintiffs entered from Taraval Street and were proceeding in a general easterly direction almost directly across the circle to Kensington Way. Defendant entered from Dewey Boulevard…