Scragg

This is an appeal from a judgment entered upon a verdict for the plaintiff in the sum of seven hundred and fifty dollars, and from the order denying the defendant a new trial, in an action for personal injuries in which the complaint alleges that the damages sustained by the former through the negligence of the latter amounted to the sum of $5,018.00.

The injuries sustained by the plaintiff were received on the second day of April, 1910, in a collision between a delivery wagon, drawn by one horse, driven by him, and an automobile driven by the defendant. The complaint says that, on the evening named, the plaintiff was driving in a northerly direction on California Street, in the city of Redding, Shasta County, and that the defendant was, at the same time, driving his automobile in a westerly direction along Yuba Street, in said city; that at the intersection of California and Yuba streets the defendant’s automobile ran into and collided with the delivery wagon of the plaintiff with such force that the latter was violently hurled from his wagon to the ground (striking on his head and shoulders, as we shall later see), whereby he suffered physical injuries the effect of which was…