Sellers

This is an appeal by defendants from a judgment against them for $20,000 in an action for personal injuries suffered by the plaintiff as the result of an automobile collision at the intersection of Third Avenue and East Eleventh Street, in the city of Oakland, California.

The plaintiff was riding in a Ford coupe driven by her chauffeur. This automobile was proceeding south on the west side of Third Avenue. The testimony shows that as it approached the north curb of Eleventh Street it slowed down and stopped momentarily and then proceeded to cross the street slowly. The defendant corporation’s Hudson automobile, driven by its employee, defendant Lynn, approached the crossing along the center of Eleventh Street at a rapid rate of speed, according to the testimony, traveling east and was some sixty or eighty feet west of the intersection at the time the Ford coupe entered it. The testimony shows clearly that the Ford coupe had the right of way over the Hudson automobile approaching from the right. Indeed no argument is made by appellants that the record does not establish the negligence of defendants, but the position is taken that contributory negligence was shown. The day was…