Stohlman

This is an action for personal injuries alleged to have been negligently inflicted upon the plaintiff by the defendant. The action was tried by the court, a trial by jury having been waived by both parties.

The court found in favor of the plaintiff and awarded her damages in the sum of one thousand dollars. A motion for a new trial was made by the defendant and denied by the court. This appeal is from the judgment and the order denying the motion for a new trial.

The findings of the court are as follows: “1. That on the 28th day of September, 1913, and while plaintiff was riding in a buggy drawn by one horse coming easterly in that portion of ‘Fifth’ Street in the City of Marysville, County of Tuba, state of California, generally known as the ‘subway,’ defendant in and driving a motor vehicle, to wit, an automobile and going in the opposite direction,—namely, westerly, and driving his said automobile on the left side of the center of said street or road, and in the dark, at the hour of about eight o’clock p. m., of said day, negligently, wrongfully and carelessly ran into and collided with said horse and buggy throw ing plaintiff from the seat thereof into the hack or top of…