Donaghue

Action for damages growing out of the collision of two automobiles and a motorcycle. It appears that the respondent was traveling in his car from Napa City toward Carneros, when appellant Hayden, in another car, overtook him and attempted to pass on the left. At that moment a motorcycle coming down the road met them head-on and collided with appellants’ car. Appellant Hayden, in an effort to avoid the motorcycle, pulled over too far toward the right and engaged the left wheel of respondent’s auto, overturning it and throwing it from the highway. The impact injured the respondent and his car. The jury found in favor of the respondent and assessed his damages at the sum of $850. The judgment runs against both appellants. They appeal on the ground that the evidence is insufficient to sustain the verdict. However, it cannot be questioned that there is enough evidence in the record to sustain the verdict, and this fact, under a well-established rule, precludes this court from disturbing the conclusion of the jury. Even the testimony of appellant Hayden shows that he was attempting to pass the respondent at a moment when another vehicle was approaching. This was a clear violation of the…