Victor

This is an action for personal injuries sustained by plaintiff in an automobile accident which occurred on the San Quintín highway, approximately 44 kilometers south of Tiajuana, Baja California, Republic of Mexico.

At the time of the collision on July 3, 1955, defendant John C. Sperry, with the permission and consent of defendant John M. Sperry, was driving a Mercury automobile northerly on said highway when the Mercury collided with a Chevrolet automobile being driven in a southerly direction on said highway by defendant Edward Thornton. Plaintiff Rudolph Victor was an occupant of the Thornton vehicle and was severely injured in the collision. Plaintiff and the drivers of both cars were and now are residents and citizens of the State of California. The accident was the result of the negligence (and of the equivalent of negligence under Mexican law) of the drivers of both cars involved in the accident.

Article 1910 of the Civil Code of 1928 for the Federal District and Territories of Mexico, as amended, which had been adopted by the State of Baja California del Norte and which was in effect at the time of the accident, provided as follows: “A person who, acting illicitly or…