Bartolini

This is an appeal from the judgment following verdict for defendants in an action for damages growing out of a collision between two vehicles on a public highway in San Mateo County. The evidence as to negligence and contributory negligence is conflicting, but both issues went to the jury under proper instructions defining same.

. Appellant claims that the court erred in making certain remarks in the examination of the witness Roy Elvin, but addressed to examining counsel in the face of interruption by opposing counsel, as follows: “The trouble is that the witness is hardly positive about anything, it seems to me. Why does not he answer a question directly, and then we will have no trouble. I think you had better get through as soon as you can.”

It appears' from the transcript, page 33, lines 9 to 13, that the following occurred during the examination of the witness Elvin: “Q. And that (the accident) was on December 6, of 1929? A. I believe that is when it was. Q. Around the hour of five thirty, was it not. A. No, I guess when I saw him it was around ten after five, quarter after five.” And on page 34, line 5, as follows: “Q. Now, after you got to the northerly limit of the race…