Skaggs

This is an action for damages for personal injuries sustained by the plaintiff when the automobile he was driving collided with the rear end of the defendant’s truck and trailer which were headed in the same direction as the plaintiff’s car. The answer interposed the plea of contributory negligence. The jury found negligence on the part of the defendant and against the plea of contributory negligence. The defendant appeals from a judgment on the verdict in favor of the plaintiff.

Two major points are urged for reversal: First, that the evidence fails to establish the negligence of the defendant; and, secondly, that the evidence establishes the negligence of the plaintiff as matter of law.

As to the defendant’s alleged negligence the evidence was substantially in conflict. The accident occurred about 2 A. M. on November 29, 1926. At that time the plaintiff was driving his automobile in a northerly direction on the Ridge Road toward Bakersfield. According to the evidence favorable to the plaintiff the defendant’s truck ' and trailer were parked entirely on the paved portion of the highway. Directly opposite the defendant’s truck and trailer and on the other side of the highway,…