Boykin

—Plaintiff Ann Boykin, the wife of defendant Eugene Boykin, seeks to recover damages for personal injuries which she received while she was an occupant of an automobile which her husband was driving on the Ventura Freeway. The automobile collided with an object beside the freeway. No other automobile was involved in the accident. The first cause of action is predicated upon negligence, and the second cause of action is predicated upon wilful misconduct. In a jury .trial, the court granted defendant’s motion for nonsuit on the negligence cause of action (on the basis that plaintiff was a guest of defendant), and the jury found in favor of the defendant on the other cause of action. Plaintiff appeals from the judgment.

Appellant contends that the court erred in determining as a matter of law that she was a guest of defendant within the meaning of the guest statute (Veh. Code, § 17158).

The record includes a clerk’s transcript and a settled statement on appeal. A stipulation, which was incorporated in the settled statement, provides in part that the statement shall constitute 1 ‘ an adequate summary of the evidence pertinent to review,” and that the errors urged on appeal shall be…