Gonzalez

This action was brought by plaintiff to recover damages for injuries received in a collision between plaintiff’s automobile and defendant’s truck. From a judgment entered upon a verdict in favor of plaintiff Gonzalez and against defendant, defendant appeals.

As grounds for reversal the defendant contends: (1) That the evidence fails to establish negligence; (2) that the evidence shows contributory negligence as a matter of law; (3) that the court erroneously admitted certain evidence; (4) that the court erred in giving and refusing certain instructions, and (5) that the court erred in permitting certain questions to be asked on- the examination of the jurors.

Viewed in the light most favorable to the plaintiff, the facts follow: The accident took place between 1 and 2 o ’clock in the morning on the main highway leading from Imperial Valley north to the city of Riverside, at a point some eight or ten miles south of the station of Whitewater. The road is paved and on either side of the pavement are shoulders of hard-packed sand sufficiently wide to allow a vehicle such as defendant’s truck to be parked thereon. There are several storm drains or dips in the road in this vicinity…