Bowker

This action was brought to recover damages for personal injuries to the plaintiff, resulting in a verdict in the sum of $5,600. The defendants prosecute this appeal from the judgment.

The injuries resulted from a collision of two automobiles on the Roosevelt Highway in Los Angeles County, in one of which, a Cadillac, the plaintiff was riding as a guest. The Cadillac was owned by a man named Phillips who was on the right-hand side of the front seat at the time of the accident, and was being driven by a person called Jenkins, and Mrs. Bowker was seated between them. The defendant Thornburgh was driving a Dodge car, and he was the agent and servant of the corporate defendant Illinois Electric Co. It was claimed by respondent that Thornburgh was driving on the left or wrong side of the road; that he crowded the Cadillac completely off the highway where it was struck, overturned and wrecked. It is conceded by appellants that upon the issue of negligence the evidence was conflicting, and that, when tested by the rules governing the determination of appeals, sustains the verdict.

It is urged, however, that the court fell into error when the judge instructed the jury as follows: “Any…