Eastman

This is an appeal from a judgment for damages suffered by respondent, who, on November 30, 1930, was struck by an automobile being driven by appellant on a public street in the city of Redlands.

We are not assisted by the testimony of any eye-witness of the accident. Respondent, who was of the age of seventy-eight years, was rendered unconscious by the accident and only remembered that he had been walking on a public street in the city of Redlands. Appellant did not testify. After the accident he was adjudged insane and had not been restored to competency at the time of the trial. While the record is incomplete in this respect we assume from the allegations of the answer that he was represented by a guardian ad litem, regularly appointed by the trial court.

The accident happened at or near the intersection of Cajon and Vine Streets in the city of Redlands. Cajon Street runs in a northwesterly and southeasterly direction. Vine Street runs due east and west. Cajon Street is fifty feet wide between curbs with cement sidewalks fifteen feet in width on each side. A single-track line of a street railway runs along its center. At the southeast corner of the intersection the south curb…