Meighan

Action for damages for personal injuries. Plaintiff was riding as a guest of defendant in an automobile owned and operated by him. While traversing the highway, defendant collided with a cement base of a wigwag signal at a railroad crossing, wrecking his ear. The accident happened at Schuetzen Park crossing, south of San Jose, about 4 o ’clock A. M. In consequence of the collision, plain tiff suffered a broken arm and other injuries. The case was tried before a jury, resulting in a verdict in favor of plaintiff in the sum of $1,000. From said verdict and the judgment entered thereunder, defendant appeals.

It is claimed that the evidence is insufficient to justify the verdict; that plaintiff was guilty of contributory negligence as a matter of law. Error of the court in its instructions to the jury is also relied upon for a reversal.

The basis of defendant’s liability is founded upon the statutory enactment known as section 141% of the California Vehicle Act, as amended in 1929 (Stats. 1929, p. 1580). The provisions of this act in substance provide that any person, who as a guest accepts a ride in any vehicle upon any of the public highways of the state, and while so riding…