Ledgerwood

Upon a trial by jury plaintiff had judgment against defendant for personal injuries sustained in an automobile accident. Defendant appeals from the judgment.

Defendant is the adult son of plaintiff. Plaintiff resided at Richmond with her husband, who was employed at Antioch, and defendant resided with his parents while temporarily employed on the Richmond ferry. On June 3, 1929, defendant decided to drive to Sacramento in search of a position and invited plaintiff to accompany him. They left Richmond in the morning, driving as far as Antioch in an open roadster belonging to defendant. The weather was cold and at Antioch they changed to a closed car belonging to plaintiff’s husband and continued on their journey. The accident occurred above Ryde while defendant was driving along the highway built upon the river levee. The evidence showed that defendant lost control of the car while driving at a high rate of speed on a narrow, curved highway and while watching the boats along the river.

No question is raised concerning the sufficiency of the evidence to show negligence on the part of appellant, but it is contended that respondent was guilty of contributory negligence as a matter…