Wynne

This is an action for damages to personal property arising out of a collision between two automobiles at the corner of Frankwood and Manning Avenues in Fresno County, California, at about 5 o’clock in the evening of February 14, 1928. The case was tried before the court without jury, and judgment was rendered in favor of the plaintiff for the sum of $921.75. The sole question presented on this appeal is whether or not the evidence showed the plaintiff guilty of contributory negligence as a matter of law.

The trial court found in favor of the plaintiff and, therefore, if there is any material evidence in the record sustaining its findings the judgment will not be disturbed here.

The Supreme Court has aptly stated the law of contributory negligence, governing here, in the case of Zibbell v. Southern Pac. Co., 160 Cal. 237 [ 116 Pac. 513, 515 ], as follows:

With these rules in mind we will summarize the evidence favorable to the plaintiff and to which we must look to support the judgment, if it is to be supported. That the evidence was conflicting, must be admitted, but as the trial court has resolved all conflicts in favor of the plaintiff, we do not need to lengthen this opinion…