Hickambottom

This is an appeal from a judgment in favor of the minor plaintiff entered upon the verdict of the jury in an action for the wrongful death of plaintiff’s father.

On April 3, 1956, at about 3 :20 a. m. a collision between two vehicles occurred on United States Highway 99 about two miles south of Traver, California. The collision involved an automobile of the decedent and a Peterbilt diesel tractor pulling two trailers (hereinafter referred to as the truck) being operated by the defendant Robert Lee Whisler who will hereinafter be referred to as the defendant. Upon the trial it was stipulated that the truck was owned by the defendant Cooper Transportation Company, Inc.; that the defendant Whisler was driving the truck in the course and scope of his employ ment by the last named defendant and that the decedent met his death as a result of the collision.

In the vicinity where the collision occurred Highway 99 is a four-lane divided highway with two lanes for northbound traffic and two lanes for southbound traffic. The width of the truck permitted it to travel entirely within one lane and the gross weight of the truck was 65,000 pounds.

There were no eyewitnesses to the accident…