Himes

This is an appeal by the plaintiff from a judgment entered in defendant’s favor. The action is one for the recovery of damages for injuries alleged to have been sustained in a collision between an automobile, in which plaintiff was riding as a passenger and which was driven by plaintiff’s husband, and an automobile driven by defendant. The facts involved are few in number and only in one instance does there appear any material conflict in the evidence presented here. The accident, in which the injuries complained of occurred, took place on the Valley Boulevard, a highway which, near the point where the accident took place, runs in a general northeasterly direction. The boulevard during its course and for a short distance turns to the east and crosses the tracks of the Southern Pacific Railway, and then again turns north or northeast. The automobile, in which plaintiff was riding, was. proceeding northerly upon the boulevard, and had just crossed the railway tracks when the accident occurred. The night was clear, and the headlights on both automobiles were lighted and the view between the machines was unobstructed. Plaintiff and her witnesses testified that at the time they first…