Emerton

Plaintiff appeals from a judgment for defendant following the verdict of a jury. Appellant was riding with other members of his family in an automobile driven by his brother. This automobile came into collision with one driven by defendant on Highway 101 in Monterey County a few miles south of San Ardo. The two cars were proceeding northward at the time and the car in which appellant was riding had been following the one driven by respondent. According to appellant and his witnesses after the two cars reached the brow of a hill with a long stretch of straight highway ahead appellant’s brother sounded his horn and turned into the left lane to pass respondent’s automobile. When about one-fourth of his car was opposite the respondent’s car respondent suddenly, without giving a signal, turned into the left lane and the collision occurred.

According to the testimony of respondent and his wife, who was riding with him, he had turned into the left lane to pass another automobile ahead of him, without noticing that the car in which appellant was riding was behind him, and he was fully in the left lane when struck by this automobile. It had been raining and respondent testified that his…