Burbank

Plaintiff, Willie Burbank, accompanied by his wife, Julia J. Burbank, also a plaintiff herein, was driving an automobile in a northerly direction upon the Golden State highway and when near the town of Berenda, another automobile also proceeding northerly, passed, and in avoiding an oncoming truck the passing car alleged to have been operated by defendant, swerved toward the right and came in such close proximity with the car of plaintiffs that some portion thereof struck the left front hub cap of plaintiffs’ car, causing that car to swing sharply to the left. The passing car did not stop, but sped on. Plaintiffs pursued and were able to get the license number of the fleeing car, whereupon plaintiffs returned and gave the number to a state traffic officer.

It was contended by plaintiffs that the sudden swerving of the car caused plaintiff Julia J. Burbank to be thrown against the side and door of their automobile, as a result of which “the ligaments or tendons leading along the back and the right side of her neck were broken loose from their fastenings on her shoulder”, for which injuries plaintiffs were awarded $8,000 by a jury.

Defendant, appellant herein, maintains that the…