Wulbern v. Gilroy Express

WARD, J., pro tem.

This is an action for personal injuries. The defendant in his answer pleaded contributory negligence. A jury rendered a verdict in the sum of $2,000 in favor of the plaintiff. The trial court granted a motion for a new trial on the ground of the insufficiency of evidence to sustain the verdict. • Plaintiff appealed from the order granting the motion for a new trial.

At about 11 o’clock P. M. on the night of the accident a truck, with trailer attached, owned and operated by defend ants, was proceeding in a southerly direction along the state highway near Belmont in San Mateo…