Kofoid

Plaintiff had judgment against the defendants in the court below in an action prosecuted by him for and on account of personal injuries sustained in being run down by an automobile belonging to the defendants, and driven by one of the defendants at the time of the injury. From this judgment the defendants appeal. The incident resulting in the injury of the plaintiff occurred on the state highway a short distance south of Athlone, in the county of Merced, at about 7:30 P. M., February 19, 1922. Prior to the accident rain had fallen and the paved portion of the highway was more or less slippery. At the time of the occurrence no rain was falling, but the evening was misty, and vision through windshields of automobiles appears to have been somewhat obscured. The highway at the place where the injury was received is a straightaway for a number of miles to the south. Just prior to the circumstances giving rise to this action it appears two automobiles, one a Dodge car and the other a Hupmobile, had gotten off the highway and were stuck in the mud. These cars were headed toward the south. A Cadillac car had stopped, or rather had returned to the place of the accident, to assist in…