Ketchum

This is an action for property damages resulting from the collision of two autotrucks. The trial was before the court sitting without a jury, and plaintiff was awarded judgment. The defendant Frank Julio defaulted, and neither he nor Jane or John Doe are in this appeal. Motion for new trial was denied and the remaining defendants appeal, specifying three points.

Point 1: “Plaintiff's negligence was the approximate [proximate] cause of the accident.” A heavy truck with trailer, belonging to plaintiff and being driven by him, was proceeding northerly on a paved street. Another truck, belonging to defendants Massa and Memeghine, doing business as the Independent Fish Company, was being driven southerly for them on the same street. Defendants claim that plaintiff’s truck was on the wrong side of the road and that defendants’ truck was turned to the left, to avoid a head-on collision. Plaintiff claims that his truck was on its right side of the road and that defendants’ truck cut in front, attempting to pass to the left. The right front of plaintiff’s truck and the right rear wheel of defendants’ truck came together. There was some evidence that certain places in the street, in the…