Salvo

Plaintiff sued for personal injuries resulting from a collision between a motor vehicle which he was operating and a street-car operated by defendant. The cause was tried with a jury. A verdict was returned for defendant and plaintiff appeals from the judgment on the verdict and from the order denying his motion for a new trial.

At about 6:35 A. M. on May 1, 1929, plaintiff was driving his automobile easterly along Lakeview Avenue, in San Francisco, and, as he approached the intersection of San Jose Avenue he stopped and took on a passenger. Lake-view Avenue ends at the westerly line of San Jose. It is eighty feet in width from curb to curb; San Jose is seventy-feet in width and meets Lakeview at right angles, running in a northerly and southerly direction. Plaintiff approached the intersection in second gear at a rate of speed of. not more than five miles per hour and continued at the same rate of speed into San Jose Avenue, attempting to make a left-hand turn into that avenue in order to proceed northerly to his destination. The defendant operates a double track line of street-cars on San Jose Avenue located approximately in the center of that thoroughfare. As plaintiff was…