Cady

This is an action to recover damages for injuries received in a collision between two automobiles, one of which was being driven by plaintiff and the other by defendant. The case was tried by the court without a jury. Besides denying the material allegations of the complaint, defendant’s answer alleges contributory negligence on plaintiff’s part. The trial court found that plaintiff was negligent at the crossing where the accident happened, but that defendant had the last clear chance to avoid the collision, and upon that ground gave judgment for plaintiff. Defendant, proceeding under section 663 of the Code of Civil Procedure, moved to set aside the judgment and to enter in lieu thereof a judgment in his favor, on the ground that the conclusions of law are inconsistent with and not supported by the findings of fact. The motion was denied. The appeal is from the judgment and from the order denying defendant’s motion. The sole point made by appellant is that the doctrine of the last clear chance is not applicable to the facts as found by the trial court.

[1] None of the evidence is before us. The appeal from the judgment is on the judgment-roll alone. The appeal from the order…