Rath

The plaintiff herein appeals from a judgment for the defendants in an action for damages for personal injuries sustained by reason of a collision between the automobile in which she was riding as a guest and a truck and trailer owned and operated by defendants.

The accident occurred at about 4:30 A. M. of March 7, 1925. Appellant, a young woman, had gone out for a drive with one Clarence Plabecker. Starting from Los Angeles at about 8 o’clock in the evening of the preceding day they had driven to Santa Monica in Habecker’s touring car and to a point somewhere on the highway running northwest of Santa Monica and along the ocean shore. Here the car was parked for several hours while the two young people “watched the waves.” Whether or not the waves were wild and what, if anything, they were saying does not appear in the record before us nor is it pertinent to the issues in the ease. They started on their homeward journey shortly, after midnight, but were compelled to stop en route to Los Angeles for repairs to a broken gas line, so that it was about half-past four in the morning when they reached the vicinity of the intersection of Coronado Street with Sunset Boulevard in that…