Hughes

The plaintiff commenced an action to recover damages for personal injury. The defendant answered and a trial was had before the trial court sitting with a jury. The jury returned a verdict in favor of the plaintiff and from the judgment entered thereon the defendant has appealed and has brought up a bill of exceptions.

At about half-past 9 in the evening on the ninth day of March, 1930, the plaintiff was riding as a passenger in a car driven by Alec Brewer north on San Pablo Avenue between Sixty-fifth Street and Sixty-sixth Street in Oakland. At about the same time the defendant was driving south on the same street. There was some evidence that the defendant’s lights were not burning and that his car was so out of order that it would not respond to the steering-wheel. As the de fendant approached Sixty-sixth Street he was traveling on the street-car tracks on the westerly side of San Pablo Avenue. On the southeasterly corner of Sixty-sixth Street and San Pablo Avenue is a service station. The defendant attempted to make a left-hand turn and enter that service station. While his car was slightly west of the service station Brewer’s car approached from the south and a collision…