Wehner

As the result of a collision between plaintiff's automobile and defendant's truck, which was being driven by one Louis Lunford, plaintiff suffered a compound comminuted fracture of the left lower leg, and this action was commenced to recover damages therefor, plaintiff alleging that the proximate cause of the accident was the negligent operation of said truck. Defendant denied the allegations of negligence and charged plaintiff with contributory-negligence. The action was tried without a jury, and the trial court found in plaintiff’s favor on both contested issues, and thereupon entered judgment accordingly against defendant for the sum of $4,633, from which judgment defendant appeals.

Defendant makes no contention that the evidence is insufficient to sustain the finding as to the negligent operation of the truck, but as grounds for reversal urges that the negative finding upon the issue of contributory negligence is unsupported by and contrary to the evidence.

The accident happened at thp intersection of Willow and Orchard Streets in the City of San Jose shortly after 10 o’clock in the morning. Plaintiff was driving easterly along Willow Street and the truck was being driven…