Phillips

This is an action for damages for personal injuries. The cause was tried by a jury and a verdict returned for the defendant. A motion for a new trial was made and denied.

The plaintiff appeals from the judgment entered upon the verdict.

On the fifteenth day of November, 1920, near the hour of 5 o’clock P. M., the plaintiff, while driving a Ford roadster in a southerly direction along the west side of J Street, a public thoroughfare in the city of Fresno, an auto-truck, owned by the defendant, and driven by one Ray Summers, an employee of the defendant, was, so the complaint alleges, “suddenly and carelessly driven backward from the westerly curbing of J Street, where the car had been parked, and struck the automobile which plaintiff was, as aforesaid driving.” At the time of the collision, so the complaint alleges, it was “more than a half an hour after sunset,” and “it was dark, cloudy and raining, and the atmospheric conditions rendered the operation of vehicles dangerous to the traffic on and use of highways.” The result of the collision, so the complaint avers, was that the windshield of plaintiff’s automobile was broken, and a piece of the glass from said windshield was, by…