McLellan

This appeal is from a judgment entered upon the verdict of a jury. The plaintiffs sued as the widow and children of the deceased husband, who was killed in the automobile collision involved in this action. The road at the point of the impact was paved to the width of 24 feet and had oiled shoulders on each side to the width of 8 feet. The time of the occurrence of the accident was about 8:30 o ’clock at night. The deceased was driving a Buick passenger automobile in an easterly direction and defendant F. Cocola was driving a heavy truck loaded with about 4 tons of grapes in a westerly direction. As a result of the impact the left front of the truck was damaged, the left front wheel broken off, and the front bumper badly twisted. The truck swerved down across its left side of the highway and landed against a bank adjoining the road. The Buick automobile was wrecked completely from the driver’s position to the rear part, the front fenders and bumper not showing serious damage.

The contention of defendants is that the evidence shows conclusively and as a matter of law that the driver of the Buick car was guilty of contributory negligence and defendant Mastro makes the further claim…