Hepner

In this action to recover for personal injuries, the jury brought in a verdict in favor of the plaintiff for the sum of $40,000. Upon motion for new trial, plaintiff consented to a reduction of the judgment to the sum of $27,500. The motion for a new trial was thereupon denied' and defendants appeal from the judgment in the reduced amount.

The accident happened between 8 and 9 o’clock on the evening of June 19, 1928, on the main highway between Tracy and Livermore at about the point where a road known as the Byron road intersects the main highway. Plaintiff was riding as a guest in a Nash automobile driven by a Mr. McCormick on a trip from Fresno to Oakland. The main highway near the point of collision runs in a northwesterly direction and has a concrete surface twenty feet in width. At the point of intersection of the main highway and the Byron road, the main highway curves to the left and continues in a westerly direction toward Liver-more. In approaching this intersection from the direction of Tracy, one may continue on the Byron road without changing his course by leaving the main highway at the junction of the roads where the main highway starts to curve. The Byron road also…