Wiley

Defendant appeals from a judgment for damages for personal injuries suffered by plaintiff in a collision upon a Los Angeles County highway between a motorcycle side-car in which she was riding and an automobile operated by the defendant. Plaintiff’s evidence tends to show that as the two machines were approaching each other the defendant’s automobile was following a one-horse wagon;' that when defendant’s machine turned out to the left to pass the wagon, the motorcycle was so close to the wagon that the collision resulted. It is claimed that the defendant violated the state law, which required that in turning out for the purpose of passing a slower moving vehicle the highway must be clear for a hundred yards to the front. (Stats. 1913, p. 647.) Defendant’s claim is that his machine was at all times on the right-hand side of the highway, but that the machine in which the plaintiff was riding sud denly swung to the left in front of his machine and that the collision resulted. There was sufficient direct evidence to sustain the plaintiff’s contention if believed by the jury. We cannot consider whether or not the weight of evidence was in her favor.

Appellant demurred to the…