Sawyer

This action grew out of an automobile collision happening about 5 o’clock in the afternoon of December 31, 1927, at the corner of Cedar and Dale Streets in the city of San Diego. The case was tried before the court without a jury. A judgment was rendered in favor of respondent in the sum of $14,000.

Appellants present various grounds upon which they urge a reversal of the judgment. These may be consolidated under four heads which may be stated as follows: First, that the evidence is insufficient to support the judgment; second, that the evidence shows contributory negligence as a matter of law on the part of respondent; third, that the damages awarded are excessive; and, fourth, that the court erred in denying appellants’ motion for a new .trial. We will consider the first two grounds together.

As is very frequently the case in actions of this kind, the evidence offered by the respective parties is sharply conflicting. Had the trial court found in favor of appellants there would have been ample evidence to support such a finding. However, as it found in favor of respondent, it will only be necessary for us to discuss such portions of the record as are most favorable to him.

The…