Comstock

This is an appeal by the plaintiff Rae Comstock from a judgment entered, upon the verdict of a jury, in favor of the defendant, in an action for damages for personal injuries.

Plaintiff brought this action to recover damages from defendant for an injury to her left hand which she sustained while riding from Modesto to Oakland, California, with defendant in his automobile as his guest.

On the morning of February 1, 1928, appellant and respondent, together with a Mrs. Callender and a Mr. White, left Modesto for Oakland in a 1923 Dodge sedan, owned and operated by respondent Morse. Mrs. Callender was seated next to the driver and White and appellant were seated in the rear seat. After they passed the town of Tracy it began to rain and the highway became wet and slippery, and the automobile overturned, inflicting the injury complained of.

The occupants of the car were the only witnesses who testified at the trial. The testimony given by appellant and Mrs. Callender and Mr. White was all to the effect that the accident was caused by the high rate of speed at which respondent was driving, coupled with the careless manner in which he steered the car. On the contrary, respondent…