Hirsch

Plaintiff, a guest passenger in an automobile driven by defendant, brought suit for injuries alleged to have been caused by the gross negligence, recklessness and intoxication of defendant. A motion for directed verdict was denied and the jury returned a verdict in favor of plaintiff. Prior to the entry of judgment on said verdict defendant moved for a judgment notwithstanding such verdict, which motion was granted. Prom the judgment thereupon entered in favor of defendant, plaintiff has appealed.

In granting the motion above mentioned the court ruled that plaintiff was guilty of contributory negligence as a matter of law. Appellant contends that it was a case for the jury and that the court erred in so ruling. If the defendant’s motion for a directed verdict should have been granted, the court properly rendered judgment on defendant’s motion, notwithstanding the verdict in plaintiff’s favor; but otherwise not. The right of a court to direct a verdict is, “with regard to the condition of the evidence, absolutely the same as the right of a court to grant a nonsuit”. (Perera v. International Exposition Co., 179 Cal. 63, 64 [ 175 Pac. 454, 455 ].) “It [the court] may grant a…