Munoz

This is an action brought to recover damages for personal injuries received in an automobile accident. The court, sitting without a jury, gave judgment for plaintiffs, and this appeal is taken from the judgment.

Two grounds are relied upon for a reversal. The first is, that the court erred in denying a motion for a nonsuit, based upon the contributory negligence of plaintiffs. The second is, that the finding of the court that defendant was negligent is not supported by the evidence.

Prom the record it appears that on January 29, 1929, James Allen Joy, fourteen years of age, was driving an automobile in a northerly direction on the highway, near Arbuclde, California. His sister, Althea, aged twenty, was with him. His ear was a very old one. It had formerly been a taxicab, and was equipped with a box body built in the rear of the cab. It is referred to in the evidence as a “truck”, and was traveling at a speed of some twenty miles per hour. Defendant Kennedy was the owner of a Chrysler coupe which was being driven by defendant Moulton. Miss Kennedy and her grandmother were passengers. The coupe was equipped with a rear view mirror, and the window upon the driver’s side was open.…