Ortega

Plaintiff appeals from a defense judgment entered pursuant to a jury verdict denying damages for personal injuries’ as a result of a collision between his motor cycle and an automobile owned by defendant Grady Garner and operated by his son, defendant Charles Grady Garner.

Plaintiff was riding his motorcycle in an easterly direction on Yosemite Highway No. 41, in mountainous territory. Plaintiff testified that he was traveling in the right-hand lane approximately 2 feet from the center line, at a speed between 30 and 35 miles per hour. Defendant was driving his automobile westerly and downhill when the two vehicles collided on a curve. Plaintiff testified that in turning his motorcycle to the left to negotiate the curve, it was necessary for him to lean the motorcycle to the left, or toward the center line, to maintain his equilibrium. There was a double line in the center of the highway at the curve, and the principal issue at the trial was whether plaintiff’s motorcycle was over or 1 ‘ overhung ’ ’ the double line at the time the collision occurred.

Plaintiff makes two primary contentions on appeal: (1) error in instructions given and (2) sustaining objections to proffered…