Ellis

A judgment in this case was entered in favor of the plaintiff in the sum of four hundred dollars as damages which the court found plaintiff had suffered by reason of personal injuries caused by the negligence of the defendant. The defendant appeals from the judgment and from an order denying his motion for a new trial. In the complaint of plaintiff it was alleged that, while plaintiff was crossing a public street in the city of Los Angeles, the defendant came down the street operating an automobile and that said automobile was traveling at a dangerous rate of speed and in excess of the speed permitted by law, and that defendant “so carelessly and negligently operated and drove his said automobile, as to run the same into the person of plaintiff, running him down, and said automobile struck plaintiff with such force and violence that plaintiff was violently thrown to the pavement.” Under findings made by the court the facts were determined to be as alleged by the plaintiff. Defendant in his answer denied that any negligent act had been committed on his part and further alleged that the injuries to plaintiff were caused by the contributory negligence of the latter. It is here…