Seifert

An action to recover damages for injuries to an automobile resulting from a collision. The owner of the injured automobile assigned his claim to plaintiff corporation, and from a judgment recovered by the latter the defendant appeals. The appeal is presented on the judgment-roll and a bill of exceptions.

Appellant contends that the evidence was insufficient to justify the verdict of the jury; that the verdict was against law; that certain evidence was improperly admitted over objection, and that an instruction given the jury was erroneous.

The collision occurred in Santa Clara County at the intersection of Mountain View road, running east and west, with the San Francisco and San Jose highway, which runs north and south. At the time of the accident the automobile owned by the assignor (hereinafter designated as the Buick car) was being operated by Mrs. Dorothy H. Weinstock. As this car, coming from the east along the Mountain View road, neared the intersection, appellant, who was driving a Stearns car, approached from the south along the highway mentioned. The testimony shows that the Buick car was stopped about eleven feet east of the paved portion of the highway; that a truck…