Squiar

By the first amended complaint filed in the lower court, plaintiff Edith Squiar (hereinafter re ferred to as appellant) and W. A. Squiar, her husband, brought suit against the defendant Robert B. McLean (hereinafter referred to as respondent) and one Oscar Johnson, claiming damages by reason of injuries sustained by her in a collision between a car driven by respondent in which appellant was riding as a guest and a ear driven by said Johnson. Defendant Johnson was not served with process and at the trial was dismissed from the action.

The appellant testified at the trial that the collision occurred at Stanley and Saturn Streets in the city of Los Angeles at about 9 o’clock P. M. May 18, 1932; that she at that time was riding as a guest in the automobile of respondent; that respondent was driving the car; that they proceeded easterly on Saturn Street approaching the intersection with Stanley Street at a speed of about 25 miles an hour and that was the approximate rate of speed at which the ear had been operated from the time she entered same; that just before reaching the intersection she noticed another' car (the one driven by Oscar Johnson) south of the intersection going north…