Simpson

This action was brought to recover for damages sustained by the plaintiff on November 8, 1930, while riding as a passenger in an automobile driven by the defendant Swain. As they were proceeding south on the Golden State highway about three miles south of Famosa, they overtook and attempted to pass another machine which was being driven in the same direction by the defendant Steinhoff. It appears from the evidence that Miss Swain, after following the other car for some distance, decided to pass and turned to the left side of the road after sounding her horn; that about the time the front of her car was even with the rear of the other car the defendant Steinhoff, without giving any signal, turned abruptly to his left and into the line of travel of the Swain car; and that Miss Swain, in order to avoid hitting him, was compelled to swing farther to the left and in doing so went into the soft dirt at the side of the road, whereupon her car skidded and overturned, causing the injuries of which the plaintiff complains. In this action'which followed, the defendant Steinhoff was charged with negligence and the defendant Swain with gross negligence. At the conclusion of plaintiff’s case a…