Graybiel

This action was instituted by plaintiff for the purpose of recovering damages from the defendant for personal injuries sustained by the plaintiff as a result of being struck by an automobile owned and driven by the defendant.

The trial was had before the court sitting without a jury. The plaintiff was awarded judgment in the total sum of $1,050. This sum included expenses for medical attendance, plus loss of wages or compensation, and $500 on account of pain and suffering sustained by the plaintiff.

It appears that the plaintiff at the time of the injury complained of was driving a Dodge automobile southerly on the state highway between the towns of Ceres and Keyes in Stanislaus County; that at the time of the injury in question construction work was being carried on along that portion of the state highway just referred to, such work consisting of the construction of shoulders on both sides of the improved portion of said highway. These shoulders were about 18 inches wide and, according to the testimony, varied from iy2 inches to 3 inches in height above the theretofore traveled portion of the . improved highway. As the plaintiff was traveling southerly it appears that the tire…