Olden

This is an action for damages for personal injuries received by plaintiff while riding as a guest in an automobile. The accident occurred on what is known as the Cholame Lateral, a part of the state highway connecting Paso Robles with Bakersfield, on February 1, 1928, at about 7 o’clock in the evening. On the morning of that day, defendant Eddleman, an employee of the defendant Babicora Development Company, had gone some fourteen miles from where the accident occurred to get seven head of cattle owned by the Babicora Development Company, in order to turn said cattle into a field near the scene of the accident. During the last five miles of his return trip, Eddleman had driven the cattle along this highway in a westerly direction. He testified that he was riding a horse, and that the cattle had been, most of the time, to the left of the center of the highway as he proceeded westerly. No other herder was present. He was proceeding in this manner when the cattle met the car in which the plaintiff was riding. At the scene of the accident, the highway is practically straight with a right of way 60 feet wide, bounded by a barbed-wire fence on both sides, and the fall is to the eastward,…