Crawford

This cause is before us upon an appeal by the defendant from the order of the superior court granting the plaintiff a new trial. The cause of action arises out of a collision alleged to have been caused by double parking, near the intersection of Tenth and H Streets in the city of Modesto, county of Stanislaus.

The record shows that on or about March 1, 1935, at approximately 8 P. M., the defendant, accompanied by his wife, stopped an automobile on the roadward side of parked automobiles in the city of Modesto; that the plaintiff was riding as a guest in a ear driven by one Gerald Mashek, following the car driven by the defendant. Upon the stopping of the car driven by the defendant, as just stated, the car driven by Mashek collided with the defendant’s car, causing the plaintiff to be thrown through the windshield of the Mashek car in which she was riding as a guest.

On the part of the defendant it is claimed that his car had been stopped for a considerable length of time sufficient to permit the car driven by Mashek to turn to the left and pass without danger of collision. There is some testimony in the record to the effect that the car driven by the defendant stopped…