Vickerson

The plaintiff was injured in an automobile collision at the intersection of Polk and Ellis Streets, in San Francisco. The jury brought in a verdict in his favor and from the judgment the defendants have appealed, bringing up the judgment-roll and a bill of exceptions.

At the time of the accident, on the twenty-fourth day of February, 1921, the plaintiff was in an automobile approaching from the left, traveling easterly on Ellis Street, and the defendant Thomas C. Robinson, as agent of his codefendant, was operating an automobile on the right, going north on Polk Street. The collision occurred in the intersection of the two streets mentioned. The only question involved in the record is as to the correctness of the court’s instructions relating to the right of way at the point where the accident occurred. The court gave, acting on the request of the plaintiff, four instructions, which we have numbered consecutively, and which are as follows:

And, acting on the request, of the defendants, the court gave another instruction, which we have numbered five, and which is as follows:

The instruction numbered I is a quotation from the statute and is conceded to be correct. The instruction…