Inouye

This action arose out of a collision between plaintiff’s automobile and defendant’s truck. By his complaint plaintiff sought to recover for damage to his automobile and by its cross-complaint defendant sought to recover damages to its truck. Upon a trial by the court sitting without a jury, judgment was entered in favor of plaintiff and against defendant on both the complaint and cross-complaint and from this judgment defendant appeals.

On this appeal it is contended that there was no negligence on the part of appellant and that even if appellant was negligent the respondent was guilty of contributory negligence as a matter of law. Under the evidence these questions were, in our opinion, questions for the trial court and the findings relating thereto may not be disturbed.

The accident happened about midnight on April 8, 1928, on the state highway running from San Juan Bautista to Hollister. Both cars were traveling along the highway in an easterly direction, with respondent’s car some distance ahead of the truck of appellant. Respondent was intending to turn and did turn to the left into a road leading to a farm off the north side of the highway. There was evidence indicating…