Cookson

This action grew out of an automobile accident which occurred on E Street in the city of Coronado, California, on the ninth day of July, 1929. David Fitch was the owner and operator of an automobile in which Peter Cookson was riding as his guest at the time of the accident. The engine and chassis were those of a 1924 model T Ford. The remaining portions of the car had been obtained by Fitch from various sources and were all from old used automobiles and had been assembled by him into his automobile. At the time of the accident, Fitch, Cookson and two others were returning from the Coronado city dump, where they had gone to inspect a Ford body. They returned to the place of the accident on E Street with Fitch driving at a speed estimated at about twenty-five miles per hour. The car suddenly swerved to its right and rolled over, injuring Cookson. E Street was a smooth, improved road with no obstructions in it.

The case was tried before a jury which returned a verdict against the respondents and in favor of appellant. The trial court granted respondents’ motion for a new trial upon the ground that the evidence was insufficient to justify the verdict of the jury and appellant…