Musante

On December 2, 1928, C. Musante was riding in an automobile driven by Ottario Guerrini in a westerly direction on a public highway in Alameda County. Mrs. D. 0. Ryan, at the same time, was driving an automobile in the opposite direction on the same highway. As the two machines approached each other, that driven by Mrs. Ryan swerved to the northerly side of the road and collided with that operated by Guerrini. Musante was injured. He brought suit against Guerrini and Mrs. Ryan, and a verdict was rendered in his favor against the latter only. Mrs. Ryan has appealed from the judgment on the grounds of insufficiency of the evidence and errors of the court in giving certain instructions.

Appellant contends that the charge of negligence can be predicated only upon the skidding of the automobile to the northerly (wrong) side of the road, and that this was not evidence of negligence. In our opinion there is no basis for thus attempting to narrow the view the jury was entitled to take of the evidence or the scope this court has of the issue of negligence in considering the appeal. A person may not shield himself against a charge of negligence merely by showing that an automobile operated…