Herr

In this case a verdict was rendered in favor of the respondent for damages for personal injuries arising out of a collision of an autotruck driven by an employee of the appellant with a bicycle ridden by the respondent upon Thirtieth Street, in the city of Sacramento.

On the evening of May 21, 1920, the respondent, a man fifty-nine years of age, was traveling on his bicycle along the westerly side of said street in a southerly direction. At the same time the motor-truck was moving on the same street in a like direction. When the respondent reached the intersection of Fourth Avenue and said street, he turned at right angles toward the left intending to proceed in an easterly direction. The driver of the truck approached and attempted to pass the respondent while the latter was traveling on the intersection of said street. If the respondent had continued to travel in a southerly direction, it is probable that the collision would not have occurred. But just as the respondent had commenced to turn to the left, the driver of the truck drove his machine against the bicycle in such a manner that the right fender of the truck struck the rear of the bicycle.

[1] The appellant insists…