Espinoza

This is an action for damages for personal injuries. The appellant brought this action to recover damages for personal injuries, resulting from an accident which occurred on September 14, 1963. The facts are substantially as follows:

The appellant, an itinerant Mexican farm laborer, was employed on the Zora Cisi Ranch which adjoins the home of the respondent, Albert Rossini, Jr. On the day of the accident appellant, with three other itinerant farm laborers, Pedro Pina, Adolph Zamorra and Zavier Zamorra, was traveling due east on Highway 108 in a farm tractor and trailer combination to a location approximately two and one-half miles from the home ranch, to pick almonds. Pedro Pina was driving the tractor which was moving along the highway at 10 to 15 miles per hour. The Zamorras were riding in the trailer. Appellant was standing on the drawbar (trailer hitch) immediately behind the driver in order, as he testified, to warn Pina of the approach of vehicles from the rear, and to help him “learn how to drive the tractor better.” At approximately 7 a.m. Rossini, Jr. drove his automobile out of the driveway of his home, which was adjacent to the same highway, and headed due east toward…