Squier

This is an action-to recover for personal injuries sustained by plaintiff when the motorcycle upon which he was riding collided with a horse-drawn delivery wagon owned by the defendant corporation and driven by defendant Masters. Plaintiff had judgment and defendants appeal.

Prom the plaintiff’s evidence it appears that just prior to the accident the two vehicles were proceeding in aii easterly direction along Vernon Avenue in the city of Los Angeles at a point near to the intersection of that avenue with Ascot Avenue. The motorcycle upon which plaintiff was riding was a short distance behind the wagon, and, a few seconds prior to the collision, it was moving at a speed of fourteen miles an hour. Plaintiff testified that he intended to stop at the corner to permit a car to pass on Ascot Avenue, from which, in view of all of the circumstances, it might fairly be inferred that he had no immediate intention of passing the wagon. It also appears from plaintiff’s testimony, that the defendant Masters, although aware of plaintiff’s approach, without the warning required by ordinance, turned his horse’s head sharply to the left as though about to turn north into Ascot Avenue, keeping…