White

This is an appeal from a judgment, based upon the verdict of a jury, in a personal injury action. The accident out of which the action arose occurred on the night of June 1, 3925, between midnight and one o’clock A. M. on the main traveled state highway between Los Angeles and the Imperial Valley, generally known as the Valley Boulevard, and at a point just within the westerly corporate limits of the city of Ontario. The total width of the street at the point of the accident was eighty feet, but there was a drainage ditch on each side of the highway. There was a pavement sixteen feet in width, with a three-foot oiled shoulder on each side of the pavement, and four feet of graded dirt surface between the shoulder and the ditch on each side of the road, giving a total width of thirty feet of roadway available for travel. While proceeding in a westerly direction immediately prior to the accident, at a point nearly a mile east of where the accident later occurred plaintiff passed the truck which was involved in this controversy. The truck was traveling westward at from twelve to fifteen miles an hour. Shortly after passing the truck, plaintiff observed a Ford car which had stopped on…