Gambrel

The plaintiff had judgment in this action against the defendant for the sum of $15,000, for and on account of personal injuries alleged to have been received in an automobile accident which occurred on the eighth day of January, 1931, and further alleged as having resulted from the negligence of the defendant. From the judgment entered after the denial of the motion for a new trial, the defendant appeals.

The record shows that on the eighth day of January, 1931, the plaintiff in this action, accompanied by her son, Louis Gambrel, was driving in a southerly direction on the state highway extending northerly from the town of Roseville, at the same time the defendant was driving northerly on the same highway. Prior to the accident the defendant was driving her automobile northerly on the right-hand side of the paved portion of the highway, and the automobile in which the plaintiff was riding was being driven southerly, and at the time of the impact, almost entirely off the westerly portion of the paved highway, being the right-hand side of the highway on which the automobile in which the plaintiff was riding was being propelled.

The record shows that when the defendant was some two…