Hardin

This is an action for personal injury and property damage. On the fifth day of July, 1926, at the hour of about 5 o’clock in the afternoon, appellant was riding in an automobile belonging to the Los Angeles Building Trades Council, and which was being driven by her husband, Collins Hardin, in a northerly direction on a public highway between TiaJuana, Mexico, and the city of San Diego, in San Diego County. The respondent was engaged in operating a line of motor-stages between the city of San Diego and TiaJuana. While the Dodge car, in which appellant was riding, was proceeding along the highway in a line of traffic, an automobile stage, operated by an employee of respondent, collided with the Dodge car from the rear, resulting in a personal injury to appellant, damaging her clothing and the automobile in which she was riding. The owner of the ear assigned its cause of action for property damage to appellant.

This action is, of course, predicated upon the negligence of the driver of the stage. In its answer, respondent denied negligence on his part and pleaded as an affirmative defense contributory negligence on the part of appellant in several particulars, some of which are…