Goade

This is an action for damages for personal injuries suffered by appellant while a spectator at a sports car race. The case was tried before a jury. At the close of appellant’s case respondents moved the court for judgment of nonsuit, which was granted. Appellant seeks reversal of said judgment.

On January 27, 1957, appellant accompanied by friends attended sports car races being held at the Pomona Fair Grounds by respondents Elks Club and California Sports Car Club. Grandstands with a total seating capacity of about 4,500 persons were provided for spectators at various points along the circuit of the race course. The record, 1 does not indicate whether these grandstands were filled to capacity at the time of appellant’s injury. The total attendance for that day of racing was 15,000 persons.

It had rained during the day of the accident and the track was wet throughout its circuit. Appellant did not attempt to seek seating in the grandstand, for she did not know that a grandstand was available, but watched the races from a position near the car in which she had arrived and, subsequently, from a position near a “snow fence” separating the spectators and the race course itself. The…