Couchman

Action for damages for personal injuries sustained by plaintiff in a collision between two automobiles.

The accident occurred on September 15, 1929, between 11 and 12 o’clock in the morning, at the intersection of Genoa and Aileen Streets in the city of Oakland. Genoa Street runs approximately north and south and Aileen Street approximately east and west, crossing each other at right angles. Plaintiff was driving west on Aileen Street and defendant was driving south on Genoa Street. The northeast corner of the intersection was occupied by an apartment house, and the view of plaintiff and defendant as to each other was admittedly obstructed within the meaning of section 113 of the California Vehicle Act. The complaint charged the defendant with the usual general allegation of negligence. The answer denied the alleged negligence and further pleaded contributory negligence on the part of plaintiff. The cause was tried by the court with the aid of a jury. A verdict was returned in plaintiff’s favor in the sum of $5,000 and judgment was rendered accordingly. Motion for a new trial was made and denied.

This is an appeal from the judgment and order. Appellant urges several contentions…