Klemko

Action for damages.

The case involves an intersection collision between plaintiff’s and defendant’s automobiles. On April 27, 1928, at the hour of 1:30 A. M. plaintiff, respondent herein, was driving his automobile in a westerly direction along Post Street toward Larkin. At said time and place, defendant drove and operated an automobile in a northerly direction on Larkin Street. The complaint alleges that defendant so drove and •operated his machine that it collided with the car operated by plaintiff, in consequence of which he was seriously injured. A jury awarded plaintiff damages in the sum of $4,000. No claim is here made that the amount is excessive.

The first point relied upon for a reversal is that the evidence is insufficient to sustain the verdict. It is further urged that the court erred in giving and refusing to give certain instructions to the jury. We do not consider there is merit in either contention. As a matter of common knowledge the conclusion is inescapable that where two automobiles collide upon an open intersection, that one or the other of the drivers is negligent and possibly both. The question as to which driver is negligent is one for the. jury. (Tyson…