Gimeno

This is an appeal by the plaintiff from a judgment against him in an action brought by him to recover damages for personal injuries alleged to have been caused by the careless and negligent operation by defendant of his automobile.

Upon conflicting stories of the accident told by the witnesses at the trial, the court has found that at the time of the accident the defendant was operating his automobile in Golden Gate Park, in San Francisco, California, “in an ordinarily reasonable, careful and prudent manner and with due regard for the protection and safety of other vehicles and pedestrians, including the plaintiff in this action; that at said time and place, plaintiff was proceeding in a general westerly direction along the footpath on the north side of the thoroughfare in Golden Gate Park, known as the ‘South Drive’; that defendant at said time and place as aforesaid, was driving his automobile in a general westerly direction on the right-hand side of said thoroughfare known as the ‘South Drive’; that at said time, defendant was proceeding at a reasonable and moderate rate of speed; that as defendant reached a point about twenty or twenty-five feet from the east side of a…