Ford

Respondent brought this action against appellant to recover the sum of fifteen thousand dollars as damages for personal injuries sustained by her in a collision between a Chalmers automobile being driven by respondent, and a Buiek automobile being driven by appellant. The collision occurred on the sixth day of March, 1928, at or about the intersection of Fourteenth Avenue, East Twenty-seventh Street and Vallecito Street, in the city of Oakland. The ease was tried before the court sitting with a jury, and a verdict was rendered by the jury in favor of appellant. Subsequently the court granted a new trial on the ground of the insufficiency of the evi denee to justify the verdict, and that said verdict .was against law. From this order this appeal has been brought before the court.

The only ground urged by appellant to reverse the judgment is that respondent was guilty of contributory negligence as a matter of law contributing directly and proximately to the injury and damage sustained by her, and that the granting of a new trial by the trial court, under the circumstances disclosed by the evidence was an abuse of discretion on its part.

Briefly stated, the facts of the case are as…