Citti

This is an appeal by the defendant from a judgment on a verdict in favor of the plaintiff in an action for damages for personal injuries resulting from an automobile accident.

On the evening of September 26, 1922, the defendant was driving his six-passenger Haynes automobile from San Jose to San Francisco for the purpose of attending a wrestling match to take place the same evening. With him in the car as his guests were the plaintiff herein, R. Dei, who is the plaintiff in a case decided concurrently herewith, and two other men. The defendant drove his car through Cupertino and arrived at the intersection of the highway with Fremont Avenue at a point about ten miles north of San Jose, at which intersection the defendant’s car collided with a Ford car driven by one Louis Aftergut. The plaintiff and Dei were injured and thereafter brought separate actions based on the alleged negligence of the defendant in the operation of the car at the time of the accident. The evidence was sharply conflicting as to the speed of the defendant’s car at the time. According to the plaintiff’s witnesses the defendant’s car was traveling at a speed of fifty-five or sixty miles per hour. According to…