Lezzeni

Defendant appeals from an order granting a new trial to plaintiff in a personal injury ease tried to a jury which returned a verdict for the defendant. The plaintiff has appealed from the judgment pursuant to rule 3(a), Rules on Appeal.

The ease arises out of a collision between a Chevrolet station wagon being driven by plaintiff and a Ford pickup being driven by defendant. The accident happened in the town of Burney, Shasta County, California, at the intersection of Highway 299 and a county road known as Garden Lane. The highway, for a considerable distance each way from the scene of the accident, is straight and level and divided by a broken white line. Both vehicles were in a line of westbound traffic with plaintiff near the front of the line. It is admitted that the two vehicles collided as plaintiff was attempting a left turn onto Garden Lane and the defendant was attempting to pass him. The evidence shows that the plaintiff turned on his blinker lights at least 500 feet from the intersection, indicating an intention to turn left, and also decreased his speed. Plaintiff testified that his speed at the time he reached the intersection and started the turn was “maybe” 10 miles…