Sites

Seventh Avenue and Robinson Street are public streets of the city of San Diego which intersect each other at right angles. Seventh Avenue runs north and south and Robinson Street, east and west. Respondent was injured in a motor vehicle accident in the intersection of the two streets.

On April 27, 1928, respondent was riding in a Ford delivery truck driven by her husband, Charles Sites. They were traveling east on Robinson Street, to and into the intersection. Appellant was driving a Cadillac car south on Seventh Avenue. A collision occurred between the two vehicles at about the center line of Seventh Avenue at about the point of its intersection with the south curb line of Robinson Street produced across Seventh Avenue. The right rear wheel of the Cadillac came into contact with the left portion of the front of the Ford, which was turned over and the respondent suffered injuries which form the basis of this action. A trial was had before a jury which returned a verdict in favor of respondent in the sum of five thousand dollars, which, on motion for new trial, was reduced to three thousand five hundred dollars.

Appellant presents two grounds for a reversal of the judgment. He…