Nichols

Action to recover damages for personal injuries sustained by plaintiffs through the alleged negligence of defendant in the operation of an automobile. Defendant denied any negligence on his part and as a separate defense pleaded contributory negligence on the part of plaintiff. Mary E'. Nichols. Trial was had by jury. Plaintiffs recovered judgment for the sum of $8,000, together with costs amounting to the further sum of $343.45. Various grounds are urged for a reversal of the judgment. It is first claimed that the verdict is unsupported by the evidence in that it fails to show negligence on the part of the defendant, but, on the contrary, shows without conflict that plaintiff Mary E'. Nichols was guilty of negligence approxi mately contributing to the injuries complained of. The accident occurred upon the state highway within the limits of the city of San Luis Obispo on what is known as Monterey Road as it runs north from the said city at a point between Toro Street at the south end of the block and Essex Street at the north end thereof. There is evidence to show that plaintiff Mary E. Nichols resided with her husband on the east side of Monterey Road in the upper floor of a…