Harvey

Appellant sustained personal injuries while seated in an automobile which stood on the highway leading from the county thoroughfare to a public resort owned and conducted by respondent. For her damage thus sustained she instituted this action. A jury awarded her a verdict for five thousand dollars, and on motion of respondent a new trial was granted by the lower court upon the ground that the evidence adduced was insufficient to justify or sustain the verdict. From the order setting aside the verdict and judgment, and granting a new trial, the plaintiff appeals.

Said resort is known as the Sulphur Mountain Springs, and immediately adjoins the main thoroughfare to Santa Paula, in the Ojai Valley, Ventura County. At some distance hack from the county road the respondent operated a large dining-hall, dancing pavilion, swimming-pool, cottages, and various amusements. Ingress and egress to and from these attractions were available by means of a driveway about thirty feet in width, for the passage of vehicles, along which highway or drive were situated concessions for the sale of refreshments, etc., which were under the independent, management of lessees who paid respondent a…