Anderson

This is an action for damages for injuries received on September 5, 1930, in a collision between two automobiles at the intersection of two public highways. The plaintiff was riding in the rear seat of an automobile driven by the defendant Ott, which wa^s proceeding easterly on Washington Avenue, in Fresno County. Another machine, owned by the defendant Stokes and in which he was riding, hut driven by defendant McDearmid, was proceeding south on Cherry Avenue. The two machines met near the center of the intersection of these highways, the Stokes car hitting the Ott car nearly opposite the rear seat thereof. This action was tried on January 7, 1932, and resulted in a verdict in favor of the plaintiff against all of the defendants as joint tort-feasors, the liability of Stokes for any negligence on the part of McDearmid having been expressly admitted. From the ensuing judgment one appeal has been taken by the defendants Stokes and McDearmid and a separate appeal by the defendant Ott.

We will first consider the appeal of Ott. The case was tried upon the theory that the respondent was the guest of this appellant and that under section 141% of the California Vehicle Act, as adopted in…