Wright

The plaintiff commenced an action to recover damages for injuries sustained in a collision between a Ford truck operated by the defendant and a coaster operated by the plaintiff and his brother. A trial was had in the lower court, the jury brought in a verdict in favor of the plaintiff, and from the judgment entered thereon the defendant has appealed under section 953a of the Code of Civil Procedure.

In his complaint the plaintiff pleaded negligence in general terms following the form of the complaint in Stein v. United Railroads, 159 Cal. 368 [ 113 Pac. 663 ], The defendant .answered setting up several defenses. By denials he put in issue all of the allegations contained in the plaintiff’s complaint and then he pleaded the contributory negligence of the plaintiff.

The accident occurred on the nineteenth day of October, 1921, at about 6 o’clock in the evening. It occurred on Milvia Street about seventy or seventy-five feet north from the intersection of that street with Bancroft Way in the city of Berkeley. That street has a grade of 1.4 per cent. Robert Salzberger was driving a Ford truck and there was no one riding with him. The plaintiff, Thomas Osborne Wright, a lad twelve…