Quatacker

This is an action for damages for injuries sustained in an automobile accident at a street intersection. The complaint sets forth a cause of action for damages to the car belonging to the plaintiffs, and a second cause of action covering personal injuries sustained by plaintiff Marie Quatacker. The answer denies negligence on the part of the defendant and alleges the contributory negligence of the plaintiff Marie Quatacker. After a trial without a jury the court entered judgment for the defendant, based upon findings of fact to the effect that both partiera were negligent, and that any damages sustained by either of the plaintiffs was due directly and proximately to their own contributory negligence, in that Marie Quatacker so negligently operated plaintiffs’ automobile at the time and place in question, that she by her negligence, proximately contributed to the injuries complained of. The plaintiffs have appealed upon the sole ground that the evidence is not sufficient to sustain these findings as to contributory negligence.

It is conceded that the collision occurred at an intersection where the view was sufficiently obstructed to bring it within the provisions of section 113,…