Terry

This ease was tried before a jury, which returned a verdict in favor of the plaintiff for damages in the sum of six thousand five hundred dollars for the death of his son in a collision of automobiles alleged to have been caused by the negligence of the defendant. Judgment was entered accordingly. Thereafter the trial court granted defendant’s motion for a new trial upon the ground of insufficiency of the evidence to sustain the verdict. This appeal is from the order granting a new trial.

The collision occurred about 8 o’clock in the evening of June 4, 1926, on a straight stretch of the state highway, which runs north and south through level land, about two miles north of Maxwell, Colusa County. Shortly before the collision a patch had been placed in the east side of the pavement and immediately south thereof there was a barrier across the east edge of the pavement, consisting of a two by twelve board ten feet in length, supported by sawhorses. The west end of the board extended four feet over the pavement. Lanterns having red globes were placed on the pavement and the ground at the ends of the barricade. The defendant was driving north in a Buick automobile while the deceased…