Barrett

The above action was brought by plaintiff, a minor, to recover damages for physical injuries alleged to have been caused by the negligent operation of an automobile by defendant Eva Harman. The complaint alleged also that the automobile was owned by defendant corporation and was being operated by its permission. Defendants denied the allegations of negligence, and averred that plaintiff’s negligence proximately contributed to his injuries. The jury returned a verdict against both defendants in the sum of $3,500, and from the judgment entered thereon they have appealed.

As grounds for the appeal it is urged that the evidence shows as a matter of law that plaintiff was guilty of contributory negligence; that by reason of the misconduct of plaintiff’s counsel defendants were prevented from having a fair trial; that the verdict was excessive and that the complaint failed to state a cause of action against defendant corporation.

Mission and Twenty-second Streets in San Francisco intersect, and at the place of intersection Mission Street runs north and south and Twenty-second Street east and west. The injuries complained of occurred at about 9:30 o’clock P. M. on October 11, 1929,…