Lamb

On the fourth day of May, 1925, A. Robbins was injured in an automobile accident. He duly applied to the Industrial Accident Commission for relief. In due time he was awarded certain relief and the State Compensation Insurance Fund complied with the award and then it commenced this action against the defendants. The defendants appeared and answered and a trial was had in the trial court before the court sitting with a jury. The jury returned a verdict in favor of the plaintiffs, and from a judgment entered thereon the defendants have appealed under section 953a of the Code of Civil Procedure.

The defendants contend that the trial court erred (1) in refusing to give certain instructions; (2) in giving certain instructions; and (3) in making certain rulings on the admission of evidence.

Before proceeding further it will clarify the case to state that the accident happened in Townsend Street, between First Street and Second Street, about 9 o’clock in the morning. Shortly prior to the accident the Great Western Power Company had caused one of its trucks to be parked on the north side of Townsend Street, near the curb. That truck was facing to the west and the rear end of it had the…