Taylor

The plaintiff brought this action to recover damages suffered in an automobile collision, alleged to have been caused by defendant’s negligence. The answer denies the allegations of negligence and alleges that the plaintiff was guilty of contributory negligence. The defendant also filed a cross-complaint for the recovery of damages to his automobile, alleged to have been caused by the plaintiff’s negligence. The-jury returned a verdict in favor of the plaintiff for damages in the sum of $6,139 and against the defendant on his cross-complaint. Judgment was entered accordingly. The defendant thereafter moved the court for a new trial and the motion was granted on the “ground of the insufficiency of the evidence to sustain or justify the verdict.” This appeal is from the order granting the motion.

The collision occurred at the intersection of Thirty-sixth Street and Fourth Avenue, in the city of Sacramento. Sacramento Boulevard, running from northwest to southeast, includes within its boundary lines the northeast corner of such intersection. At the time of the collision the plaintiff was driving Ms automobile north along Thirty-sixth Street and the defendant was driving his machine,…