Byers

Plaintiff sustained injuries by reason of a collision between a motorcycle driven by Mm and an automobile operated by defendant. The ease was tried by the court sitting without a jury and plaintiff had judgment. Defendant appeals.

Plaintiff was a traffic officer and deputy sheriff; was on . duty and chasing a hit-and-run driver whose car had struck another automobile and injured the occupants. The motorcycle was equipped with a siren and both headlights and tail-light, which were all burning. The siren was being sounded at the time of the accident and had been for several minutes previous thereto. Plaintiff was traveling north and defendant south on Highland Avenue in National City and when defendant arrived at Sixth Street he attempted to make a left-hand turn when the collision occurred. Plaintiff was traveling at a speed of fifty miles per hour or more. The crossing where the accident happened was in a twenty-mile zone, as well as a fifteen-mile intersection. The accident happened on a Sunday afternoon on the main road between Tijuana and San Diego, where traffic was exceptionally heavy.

The only question raised on appeal is whether the plaintiff was guilty of contributory…