Boness

The defendant has appealed from an order granting a new trial after judgment was rendered in his favor pursuant to the verdict of a jury. The suit was brought to recover damages for personal injuries sustained as the result of an automobile collision at the intersection of streets in Chico. The appellant contends that the court abused its discretion in granting a new trial, and that the evidence conclusively shows that the plaintiff Jay J. Boness was guilty of contributory negligence which bars him from the right to recover judgment.

About 6:30 o’clock in the evening of December 4, 1930, a collision occurred between the automobiles of the plaintiff and defendant at the intersection of Sacramento Avenue and the Esplanade in Chico. The plaintiff, accompanied by his wife and child, were driving northerly on Sacramento Avenue. He executed a left-hand turn on the Esplanade. As his car reached the intersection of these streets, the defendant’s machine, which was running southerly on Sacramento Avenue, struck plaintiff’s car and drove it into the left-hand gutter. The plaintiff’s wife sustained injuries, and his automobile was badly demolished.

Both the plaintiff and his wife testified…