Britton

This is an appeal from an order granting plaintiff’s motion for a new trial in a personal injury action.

The accident which gave rise to this action occurred on a winter afternoon on a mountainous stretch of United States Highway 40 near Cisco Grove in Placer County. It had been snowing and portions of the road were icy. Appellant Gunderson had been driving his truck and trailer upgrade in an easterly direction. At a point approximately 100 feet west of a sharp curve he stopped behind a stalled vehicle. Gunderson waited until the stalled vehicle was able to proceed. When it continued up the grade and around the curve, Gunderson attempted to follow, but the wheels of the truck and trailer spun. Gunderson was still stopped on the highway when appellant Felix came around the curve from the east. He testified that he did not think there was sufficient room for him to pass Gunderson’s truck and trailer. Consequently, he headed his automobile into the snowbank on his right, stopping more or less opposite Gunderson’s truck and at such an angle that both lanes of traffic were blocked. The highway was so obstructed when the car in which plaintiff was riding came around the curve from the…