Godeau

Action for damages to property resulting from a collision between a motor ambulance belonging to plaintiff and defendant’s automobile. The collision occurred shortly after 7 o’clock in the evening of April 30', 1921, at the intersection of Franklin and Fulton Streets, San Francisco. The action was tried by the court without a jury. Plaintiff was awarded judgment in the sum of $577.75. The defendant appeals.

The sole point made by appellant is that respondent’s right of recovery is barred because of the alleged contributory negligence on the part of the driver of respondent’s ambulance. In this connection it is contended that the evidence of respondent shows that said ambulance was traveling between fifteen and twenty miles an hour at said intersection in violation of section 22 of the state Motor Vehicle Act (Stats. 1919, p. 220), which limits the speed of automobiles, when approaching or traversing an intersecting highway, to fifteen miles an hour.

Assuming, however, that said ambulance was traveling at that rate of speed at that point, such fact alone would not constitute contributory negligence. It is necessary that it further affirmatively appear that such violation…