Davis

Plaintiff sued for damages on account of personal injuries caused by an automobile driven by defendant Hollenbeck, running him down on a public street of the city of Oakland. The case was tried by the court, without a jury, and judgment was given in favor of defendants.

This appeal is from the judgment and from- an order denying plaintiff’s motion for a new trial.

It was alleged in the complaint and found by the court that at the time of the accident defendant Hollenbeck was guilty of negligence in that he was driving at a rate of speed prohibited by an ordinance of the city of Oakland and that, in further violation of said by-law, he failed to give any alarm or warning of the approach of the automobile before reaching the crossing where he injured plaintiff. But there were further findings that the said automobile would not have run against plaintiff if he had not been careless and negligent in crossing the street without looking to see if any vehicles were approaching, and that the injuries sustained by plaintiff were caused by his own negligence directly contributing thereto. There was also a finding that although the defendant Hollenbeck was employed generally as a salesman…