Lawrence

On the 23d of November, 1916, a collision occurred between an automobile driven by plaintiff and one driven by defendant, on the state highway, about three.miles north of Atwater, in Merced County. Plaintiff was seriously injured and brought this action to recover damages, alleging that the collision occurred because of the negligence of defendant. A jury found in favor of defendant and judgment was entered in his favor for costs. Prom this judgment plaintiff appeals.

At the time of the accident there was a paved state highway running easterly from Livingston to Atwater, in said county of Merced. TMs highway was sixty feet wide, the paved center thereof being fifteen feet wide. The distance from each edge of the pavement to the extreme edge of the right of way is twenty-two and one-half feet. At the point where the collision occurred a public highway from the north, forty feet in width, called the Cressey Road, intersected the state highway at right angles. It was an oiled ' road and did not cross the state highway, but when within about forty feet thereof the oiled portion divided, one portion going toward Atwater and the other toward Livingston. Between these two branches and…