Peel v. California Belting Co., Inc.

DOOLING, J., pro tem.

Appeal from a judgment of nonsuit. Plaintiff and appellant, a Western Union messenger sixteen years of age, was struck and injured by an automobile operated by respondent Read, at the intersection of Seventh and Brush Streets in the city of Oakland. The battle on appeal centers around the question whether from the evidence appellant was guilty of contributory negligence barring his right of recovery as a matter of law.

The collision occurred at almost the exact center of the intersection of the two streets. Appellant was riding a bicycle in a westerly direction on the…