Andrews

This is an appeal from a judgment rendered in plaintiff’s favor. The cause of action as alleged in plaintiff’s complaint is one for damages arising from a certan collision had between automobiles driven by the respective parties to this action. The complaint alleges negligence on the part of defendant in the operation of his automobile as the cause of the damage. The answer of defendant is, in effect, a general denial of the allegations of the complaint, and also pleads by way of defense, contributory negligence upon the part of the plaintiff and that the damage was the result of unavoidable accident. The only questions presented here have to do with the allegations of negligence.

The facts as disclosed by the record, in brief, are as follows : Plaintiff was driving his ear in a southerly direction upon a paved road or street while defendant with two passengers in his car was driving east upon another road that intersected the road upon which plaintiff was operating his car, at a right angle. The view of the respective drivers of the ears in question was unobstructed and they were able to see each other as they approached the intersection of the roadways for five hundred feet or…