Rudat

This action was for damages for injuries resulting from the collision of two motor vehicles operated by plaintiff and defendant. It was tried by the court with the aid of a jury and a verdict was rendered for defendant. Plaintiff moved for a new trial, which was denied, and judgment was thereupon rendered for defendant. From this judgment plaintiff has appealed.

The sole question to be determined on this appeal is whether or not the court erred in excluding the testimony of a witness produced by plaintiff, one Frank Rieber, an alleged physicist, to explain the nature and effect of the forces which came into operation at the moment of the collision. In other words, appellant sought to show by the testimony of this witness the relative speed at which the two automobiles were traveling at the time of the collision.

This accident happened at the intersection of the Sonoma-Petaluma road and the El Verano highway. Respondent was traveling northerly on the El Verano highway and appellant was going westerly on the Sonoma-Petaluma road.

Respondent testified that she had in her car her two infant children, her little girl on the seat beside her and her little boy on a shelf behind her.…