Simonton

In this damage action arising out of a collision between two automobiles, which case was tried by the court without a jury, it rendered judgment in favor of plaintiff-respondent against defendant-appellant. A motion for new trial was denied.

Defendant and his wife were bound for Oklahoma in their Chevrolet sedan, and were traveling in the south lane, easterly, on United States Highway 99, in Beaumont, on May 14, 1954, about 6 :45 a.m. It was dark enough to require lights. Veile Street in said town runs north and south and intersects United States Highway 99 at about right angles. There is a boulevard stop sign about 10-15 feet south of a stop line painted on the pavement .across Veile Street at the south entrance to the intersection. United States Highway 99, at that point, consists of two lanes east and two lanes west. The two south lanes are divided by a white line and together occupy about 32 feet of the roadway which is abutted on the south by a 4-foot shoulder. At the time there was a rolling spotted fog hanging over the surrounding ground. At times it would be clear and later nothing could be seen. The visibility was poor. Defendant’s car had its dim lights…