Deibler

Plaintiff sued through her guardian for damages resulting from an automobile collision. The cause was tried with a jury which returned a verdict in the sum of $7,500. The defendant Wright has appealed upon typewritten transcripts.

The collision occurred on February 23, 1930, on the highway running from Oakland through the Livermore Valley. Plaintiff was a child of fourteen years of age. She was riding in a Chrysler ear which was driven by her father, and guardian herein, in a westerly direction along a straight stretch of the highway about two and one-half miles west of Livermore. At the same time defendant was traveling easterly along the same highway directly behind a large truck. The Chrysler car was traveling at a speed of about thirty miles per hour. The truck was traveling at a speed of about twenty-five to "thirty miles per hour, and the defendant had followed the truck at the same speed for about two miles. The highway was paved for a width of eighteen feet, with a graveled shoulder on each side approximately ten feet wide. The surface of the paved portion was rippled or “washboardy”, and a slight rain had made it wet and slippery. As the defendant approached the…