Flores

Action to recover damages as a result of injuries sustained in a collision between plaintiff’s motorcycle and defendant’s automobile. The plaintiff being a minor, the action was instituted and is being prosecuted by his guardian ad litem. The jury before whom the action was tried rendered a verdict in favor of the plaintiff, and from a judgment entered thereon the defendant has appealed.

The first contention of appellant is that respondent was guilty of contributory negligence as a matter of law and therefore that the trial court erred in denying appellant’s motion for a nonsuit, made at the close of respondent’s evidence, and also in denying appellant’s motion for an instructed verdict in his favor, made at the conclusion of all of the evidence. The collision occurred at the intersection of Fulton and Buchanan Streets in the city of San Francisco. The respondent, on a motorcycle, was traveling in a southerly direction on Buchanan Street at its intersection with Fulton Street. He did not stop before entering this, intersection, but was traveling at a speed of about eight miles per hour, with his foot dragging, and, as he testified, could have stopped his machine at any time…