Arthur v. Santa Monica Dairy Co.

Plaintiff appealed from a judgment in defendants’ favor rendered by the trial court sitting without a jury. His action was for damages for personal injuries received while riding as a guest in an automobile which collided with the rear of defendants’ parked truck. He contends only that the lower court’s finding that the accident was not proximately caused by the conduct of the defendants is unsupported by the evidence. The issue of plaintiff’s contributory negligence is not raised on appeal; no finding thereon was made by the trial court, although pleaded as an affirmative defense on which…