Bristol

This is an action by plaintiff-appellant for personal injuries and property damage arising out of a vehicle collision at an intersection. Plaintiff-appellant Ronald Harry Bristol alleged that defendant-respondent Eiliene Bernice Bryan negligently operated her car and that defendant City of Fullerton negligently maintained the public highways and the public property where the accident occurred. Defendants denied that they were negligent and asserted the defense of contributory negligence. The trial court granted a nonsuit as to defendant city. This order is not involved in the appeal. The jury returned a verdict for $30,000 for the plaintiff and against defendant Bryan. The trial court granted a motion for new trial on the grounds that the evidence was insufficient to sustain the verdict. Plaintiff appeals from this order.

The evidence discloses that on February 7, 1959, at about 4 p.m., plaintiff was riding a small motorcycle in an easterly direction on Amerige Street in Fullerton. The defendant was driving south on Lawrence Street toward the intersection of that street with Amerige Street. Both plaintiff and defendant testified that they first stopped their vehicles at a boule…