Gish

This is an action for damages resulting from the collision of a police motorcycle and an automobile in an intersection of streets in Los Angeles. Plaintiff Clifford Gish was the operator of the automobile, and his wife plaintiff *88 Mabel Gish was a passenger therein. Harry Miller, a police officer of defendant city, was the operator of the motorcycle, and he was killed as a result of the collision. Mrs. Gish sought damages for personal injuries sustained by her as a result of the collision; and Mr. Gish sought damages for loss of services and companionship of Mrs. Gish as a result of her injuries. In a non jury trial, judgment was in favor of Mrs. Gish for $17,000 and in favor of Mr. Gish for $2,000. Defendant appeals from the judgment. Appellant contends that plaintiffs were guilty of contributory negligence as a matter of law; the trial judge erred in giving plaintiffs the benefit of the presumption of due care; and that the judgment for $2,000 in favor of Clifford Gish is not supported by the evidence and is contrary to law.

The collision occurred in the intersection of Western Avenue and 89th Street. Western Avenue, which is 60 feet wide, extends northerly and southerly, and…