O'Nellion

Plaintiff sued for damages for personal injuries received while riding as a guest in the automobile driven by defendant. Upon a trial by jury plaintiff recovered judgment in the sum of $25,000, from which judgment defendant appeals.

Before discussing the main contention of appellant, we will first consider other points raised in the briefs. In the opening brief appellant contended that the evidence was insufficient to support the implied finding of gross negligence. This contention is without merit. We believe that counsel for appellant practically so conceded in his oral •argument, as he indicated at that time that the evidence was set forth in the briefs only to show that the case was a close one and that the jury should have been discharged •because of "the incident to, which reference will be hereinafter made. However, we -cannot even agree that the case was a close one. [¡

The accident happened at night while appellant was driving his automobile in a southerly direction along the Skyline Boulevard about four miles south of Daly City. Respondent and two other guests were riding with appellant in his car, which “side-swiped” another car proceeding in the opposite direction.…