Bleumel

Plaintiff' sued for damages resulting from an automobile collision. The cause was tried with a jury and resulted in a verdict for plaintiff against defendants Kroizy and Johnson for $6,000. The trial judge reduced the verdict to $3,500 and entered judgment in that amount. Each defendant has taken a separate appeal. The appeal of Kroizy alone is submitted for decision.

There is no material conflict in the evidence. Plaintiff was riding as the guest of defendant Kroizy, who was operating his car along the main highway running from Tracy into Livermore on the afternoon of Sunday, August 12, 1928. The defendant Johnson was operating her ear along the same highway at the same time. Both cars were proceeding westerly toward Livermore in the midst of the usual heavy Sunday afternoon traffic which- was chiefly going in the same direction. During the last few miles before the accident the Kroizy car had passed the Johnson car twice and the Johnson ear had passed the other once. When approaching a curve in the highway the Johnson car attempted to pass the Kroizy car again when the latter was going at a speed of thirty-four miles. Mrs. Johnson sounded her horn, but, as she came alongside of…