Elsey

This is an appeal from a judgment for damages for personal injuries which were sustained as the result of an automobile collision.

The plaintiff was employed as a clerk by Lee Brothers,, who were merchants at Turlock. On December 21, 1928, at 11 o’clock in the morning the plaintiff was engaged in driving his employer’s Oldsmobile coupe along the Tuolumne road near Turlock. This roadway was approximately thirty feet wide. It was practically level for the entire width. The traveled portion of the road was eighteen feet in width. It was constructed of dirt. At the same time Chester, the minor son of the defendant Louis Domecq, was driving his father’s truck in the opposite direction along the same highway. A heavy fog prevailed, which obscured the view to considerable extent. The plaintiff’s headlights were switched on. The left window of his car was open. He was traveling at the rate of twenty miles an hour on his right-hand side of the road about two feet from the center line thereof. He observed the approaching truck through the fog when it was about seventy-five feet distant. He testified that the truck was running without lights. When he reached a point fifteen or twenty feet…