Bennett

This is an action to recover damages for injuries resulting from a collision of two automobile trucks. It is based upon the alleged negligence of an employee of defendant in operating said truck. Defend ant in his answer denied negligence on his part, and pleaded contributory negligence on the part of the plaintiff. The case was tried before a jury which returned a verdict in favor of the plaintiff in the sum of $15,840, and from the judgment entered thereon defendant prosecutes this appeal. Appellant first contends that the evidence is insufficient to support the verdict in that it fails to prove defendant’s negligence, and that it is insufficient to prove that plaintiff was not guilty of contributory negligence. Because of this contention it will be necessary to summarize such evidence in the record as tends to support the verdict.

The accident occurred at the intersection of 25th and L Streets in the city of San Diego. L Street is a paved highway extending in an easterly and westerly direction, the roadway of which is 52 feet in width from curb to curb. Twenty-fifth Street extends in a northerly and southerly direction and intersects L Street at right angles. It has a paved…