moved prior to that time.
 S. B. Castleman, the owner and operator of the grocery store located near the intersection and scene of the accident, testified that at the time of the collision he was engaged in carpentry work on a building situated near the intersection; that he did not see the collision, but heard the crash and ran toward the scene of the accident; that plaintiff was lying ten or twelve feet in front of defendant's car, and that plaintiff's bicycle was under the axle and between the two front wheels of the car; that the right front wheel and right rear wheel of the car were off of the pavement on the grass shoulder of the highway; and that the left wheels of the car werea foot or so on the pavement.
 A. L. Chandler, who arrived at the scene of the accident some seven minutes after the collision, gave substantially the same testimony in regard to the position of the defendant's car, the plaintiff's bicycle, and the position of plaintiff as he lay on the highway. He testified that defendant's car was approximately thirty feet from the intersection of Highway 99E.
 Joseph Reheremann and Norbert Reheremann, who were working on the building with S. B. Castleman, both arrived at the scene of the accident at approximately the same time as Mr. Castleman. Their testimony as to the location of defendant's car, the bicycle, and the Keller boy, conforms substantially to the testimony given by the other witnesses. They all testified that the