Mast

Respondent brought this action to recover the sum of $100,000 as damages for personal injuries received by him in a collision between his automobile and the automobile of appellant. The case was tried before a jury, which rendered a verdict in respondent’s favor and against appellant for the sum of $20,000. From the judgment entered on said verdict and from the order denying a new trial this appeal was taken.

Briefly, the essential facts are as follows: Respondent, on the twentieth day of December, 1928, was driving a Dodge automobile in an easterly direction on the highway between Tracy and Stockton. At or about the hour of 8 o’clock in the morning he had reached a point on the" highway approximately two and one-half miles east of Tracy. Appellant was driving in a westerly direction on said highway in a Packard automobile. The night before had been foggy, and the morning was quite cold. There is some conflict' in the evidence as to whether there was frost or ice on the highway, but all the witnesses agree that the road was slippery. At the place referred to the two automobiles came into collision and respondent’s automobile was badly wrecked, and he received serious and…