Binns

Appellant while riding in an automobile as the guest of respondent was injured when the automobile ran into an embankment along the side of the highway and overturned; and thereafter she brought this action against respondent for damages. A motion for nonsuit was granted and the appeal is taken from the judgment entered thereon.

The accident happened in June, 1930, and therefore is subject to the provisions of section 141¾ of the California Vehicle Act (Stats. 1929, p. 1580) which declares, among other things, that any person who as a guest accepts a ride in a vehicle operated on a public highway shall have no right of action against the driver of the vehicle on account of injuries sustained while riding as such guest, unless it be established that such injury resulted from the intoxication, wilful misconduct or gross negligence of the driver. Appellant makes no claim that respondent was intoxicated or guilty of wilful misconduct, and consequently under the requirements of said section, before she was entitled to damages, it was essential for her to establish that her injuries were the result of respondent’s gross negligence.

The evidence relating to the circumstances of the…