Wise

This is an action for damages to personal property and for personal injuries sustained in a collision between two automobiles at an intersection of two streets in Ocean Beach, San Diego County, on May 10, 1928. This case was tried before a jury, verdict was given in favor of the plaintiffs, judgment rendered thereon in the sum of $10,000 and from this judgment defendants appeal.

The sole question presented on this appeal is whether or not the evidence showed the plaintiff guilty of contributory negligence as a matter of law. The trial court denied defendants’ motion for nonsuit, motion for directed verdict, motion for judgment notwithstanding verdict and motion for new trial. The question whether or not a plaintiff has been guilty of contributory negligence is usually one of fact for the jury. In Wynne v. Wright, 105 Cal. App. 17 [ 286 Pac. 1057 ], the court in considering this question quoted with approval from Johnson v. Southern Pac. Ry. Co., 154 Cal. 285 [ 97 Pac. 520 ], as follows: “It is only where no fact is left in doubt and no deduction or inference other than negligence can be drawn by the jury from the evidence, that the court can say, as a matter of law, that…