Harris

This is an action to recover damages for personal injuries sustained by plaintiff, Jennie Harris, in a collision with the defendant’s automobile. The case was tried by the court, a jury having been expressly waived. The court made findings of fact and conclusions of law in favor of the plaintiffs, and thereupon entered judgment against the defendant for one thousand five hundred dollars. The defendant appeals from the judgment and from an order denying a motion for new trial.

The court found that while plaintiff, Jennie Harris, was crossing West Seventh Street, in Los Angeles, after alighting from a street-car, the “defendant’s automobile was carelessly and negligently being driven on the left side of said West Seventh Street, and while so traveling on the left-hand side of said West Seventh Street, said defendant struck said plaintiff, Jennie Harris, with his automobile,” causing the injury complained of. It is contended that this finding is unsupported by the evidence.

It must be noted that there is no finding that the defendant was driving faster than was consistent with reasonable care or that he was guilty of any negligence, except that of driving his automobile westerly on…