Neilson

An action to recover damages for personal injuries to plaintiff, Douglas Neilson, a minor, which were alleged to have been caused by the negligence of defendant Jack Walker, who is also a minor. These parties will be hereinafter referred to as the plaintiff and defendant, respectively.

It was stipulated at the trial that P. J. Walker, who was joined as a defendant and is the father of Jack Walker, had prior to the accident signed the latter’s application for an automobile operator’s license.

The answer denied negligence on the part of defendant and pleaded the contributory negligence of the plaintiff.

A jury returned a verdict against both defendants, who have appealed from the judgment entered thereon.

As grounds for the appeal it is contended that plaintiff was guilty of contributory negligence as a matter of law, and that the court erred in denying a motion for nonsuit and in instructing the jury.

The injuries occurred at about 8 o’clock P. M. on January 20, 1928, while the plaintiff, a newspaper carrier, was proceeding on his bicycle in an easterly direction along Arroyo Avenue in the city of Piedmont. This avenue runs approximately east and west. Two other streets,…