Lowery

This is an appeal by the defendant from a judgment in favor of the plaintiff for damages. The facts upon which the judgment is based are as follows:

At the time the alleged injuries were suffered by the plaintiff, he and the defendant were residing on a ranch near Redding. The defendant “wanted to see the country over there at Goose Valley,” and he asked the plaintiff “to go along with him and show him the country,” the plaintiff being familiar therewith and the roads leading thereto, while the defendant was not. The plaintiff accepting the invitation, the parties proceeded on the contemplated journey in the defendant’s Buiek touring car, driven by the defendant. A part of their course was along the highway running easterly from Redding to Burney. When they had reached a point within about three miles of Burney they came to a straight and comparatively level stretch of road about a mile in length, at the end of which the highway curves to the left. The defendant drove over this stretch of road at a speed of between fifty and fifty-five miles an hour and continued around the curve at the same speed until his automobile ran off to the right and into a large tree about 290 feet from…