Hubbard

This action was instituted by the plaintiff to recover damages for injuries alleged to have been sustained in a collision between one of the defendant’s electric cars and a refuse truck on which the plaintiff was employed by the city of San Diego. At the time of the accident the refuse truck was being operated by one H. W. Preston, with whom the plaintiff was riding toward the city dumping ground. The complaint avers that said accident was caused by and resulted from the careless and negligent operation of the defendant’s said electric car. In its answer the defendant denies the charge of negligence and affirmatively alleges that “the sole, only, proximate and contributing cause of any such injury or damage was the carelessness, recklessness and negligence of plaintiff.” The action was tried by the court without a jury and judgment for damages in the sum of three hundred dollars was entered in favor of the plaintiff. The defendant thereupon prosecuted this appeal from said judgment and the same was thereafter placed upon a special calendar of this court upon an order to the respondent to show cause why said judgment, should not be reversed, or that such order be made as might be…