Weaver

Action for personal injuries. The plaintiff was awarded judgment for the sum of one thousand five hundred dollars upon a verdict returned by the jury in said amount.

The defendant moved for a new trial, which motion was disallowed, and he brings the case to this court on an appeal from the judgment and the order denying his application for a trial de novo.

The complaint fully states the facts (to which due reference by way of a review of the evidence will hereafter be made) constituting the ground of the plaintiff’s claim to damages.

The answer of the defendant denies negligence and sets up contributory negligence on the part of the plaintiff as the efficient or proximate cause of the accident whereby his injuries were sustained.

The accident occurred on the seventeenth day of June, 1911, at about the hour of 4 o’clock p. m., on a public highway commonly known as the “Stevens Creek Road,” in Santa Clara County. Said road connects at a certain point with what is designated and known as the “Saratoga and Santa Clara” Road, and the junction of said roads is called and known as “Meridan Corners.” Stevens Creek Road passes through a thickly settled community and there is,…