Blackford

Plaintiff Emma Blackford is the surviving wife of Lewis Blackford, who died as the result of a basal fracture of the skull and other injuries, resulting from the head-on collision of a motorcycle he was riding with a Dodge truck driven by defendant Beckworth. The collision occurred on February 21, 1923, on the public highway running between Riverside and Anaheim.

Plaintiff sued for $15,922.55 as damages resulting to her by reason of her husband’s untimely death, including loss of his earnings and companionship and her disbursements. The case was tried by a jury, and the verdict and judgment thereon went for defendant. Plaintiff moved for a new trial, which was granted on the grounds that errors of law occurred in the trial, that the evidence was insufficient to justify the verdict and that the verdict was against the law. Defendant appeals.

The evidence introduced by the parties, considered together, shows the following additional facts, without conflict:

The highway was paved with a 16-foot pavement and on its south side at the place of collision the dirt shoulder of the highway was about nine feet wide and suitable to be driven upon. The deceased was traveling easterly and…