Thompson

Plaintiff Willie Thompson was injured when the ear in which she was a passenger and a car driven by defendant-appellant Jeanette Keckler collided at an intersection. The car was owned by plaintiff’s daughter Edna F. Thompson and was being driven by another daughter, Dorothy Collins. Plaintiff brought an action for damages for personal injuries against defendant, who cross-complained against plaintiff, Dorothy Collins, and Edna F. Thompson. A jury left all of the parties where it found them, and after judgment was entered on the verdict the plaintiff moved for a new trial “solely on the issue of damages sustained by the plaintiff.” While four statutory grounds are set out, only one of which is pertinent—insufficiency of the evidence —the motion was granted on the issue of damages alone. Defendant appeals from the order granting a limited new trial and “ conditionally ” appeals from that portion of the judgment which denies her a recovery on her cross-complaint.

The accident occurred at an intersection in Merced at about 4 p.m. on a winter afternoon while a light rain or mist was falling and the streets were wet. Mrs. Keckler was driving east on 13th Street, which is a through…