Huber

The plaintiff procured a judgment for $5,000 against the defendants for damages sustained in an automobile casualty. The cause was tried with a jury. This appeal was taken from the judgment and order denying a motion for new trial.

The Golden State highway runs southeasterly from Modesto to Merced. The paved portion of this highway is fifteen feet in width with a macadam strip of two and a half feet and an additional oiled gravel shoulder of four feet in width on either side. The entire right of way is sixty feet in width. Adjoining this highway on the easterly side thereof and about four miles southerly from Livingston is the Trainor’s Service Station and an auto camp. Mr. C. W. Bryan, who owned the Ford touring car which was involved in this accident, was staying at this camp. The plaintiff was also temporarily located at the same camp. The plaintiff and Bryan were mere acquaintances. They were not associated in business or otherwise. Huber was a painter. He was, however, out of employment at the time of the accident. A building was being constructed by a farmer on a ranch near Livingston. On the morning of March 11, 1930, Bryan drove to Livingston on a business transaction of…