Bowers

The plaintiff was injured by being struck by an automobile which was at the time being driven by one of the defendants but which was owned by the other defendant. The defendants answered and a trial was had before the trial court sitting with a jury. The jury returned a verdict in favor of the plaintiff and fixed his damages in the sum of $1,000. The plaintiff made a motion for a new trial and thereafter the trial court granted the motion on the ground that the evidence was insufficient to sustain the verdict. From that order the defendants have appealed and have brought up typewritten transcripts.

The accident occurred in the city of Gilroy, Monterey Street runs north and south and is a part of the highway leading from San Francisco to Los Angeles. Fifth Street runs east and west. Its eastern end terminates in Monterey Street. Fifth Street is thirty feet wide and Monterey Street is sixty feet wide. A button indicates the center of the intersection. The sidewalks of Fifth Street if pro longed across Monterey Street are indicated by lines marked on the pavement to indicate the crossings for pedestrians. On the night of December 26, 1929, at about 7:15 P. M., the plaintiff was in…