Bidwell

The appeals of the defendant are from the judgment and from an order denying a new trial.

The action was to recover damages alleged to have been caused to plaintiff by the negligence of the defendant. The complaint alleges that the plaintiff was driving his automobile along India Street in San Diego, at the intersection of that street with C Street, that the defendant was operating a railroad upon a track laid along C Street and crossing said intersection, that while plaintiff was crossing the said car line in his automobile, the defendant ran a motor car backward on said car line without lights thereon or therein, and so carelessly and negligently managed said car that it struck plaintiff’s automobile, greatly damaging the same and causing serious bodily injuries to plaintiff. The complaint is in two counts, one for the recovery of damages for the bodily injuries, the other for the damage to the automobile. The defendant pleaded contributory negligence of the plaintiff as an affirmative defense. The answer also denied the allegations of the complaint relating to the negligence of the defendant.

The defendant claims that the evidence is insufficient to prove that the defendant…