Wauchope

This is an appeal from a judgment which was rendered upon a verdict for damages for personal injuries resulting from a collision between automobiles.

The only question involved in the appeal is whether the plaintiff was guilty of contributory negligence.

Kettleman Lane and Quimby Avenue intersect at right angles one mile south from Lodi. The first mentioned lane runs east and west. The other one extends north and south. Both roadways are surfaced with asphalt pavement. Each is about 18 feet in width with a dirt shoulder on either side. There is no grade at the intersection of these highways. A danger sign was stationed near the western border of Quimby Avenue 200 feet from its intersection with Kettle-man Lane. November 13, 1929, at 9 o’clock P. M. the plaintiff, accompanied by his wife, was driving southerly along Quimby Avenue in their Dodge automobile. At the same time the defendant was driving easterly along Kettle-man Lane. It was dark and the headlights of both ears were turned on. The night was clear. The pavement was dry. The brakes on the plaintiff’s ear were in good condition. There was a line of trees on the westerly side of Quimby Avenue, north of Kettleman Lane,…