Ashley

Action to recover damages for personal injuries received by plaintiff on June 11, 1929, about 11:40 P. M., as the result of a collision between the automobile in which she was riding as guest of defendant Pinney, and a city sprinkling truck driven by defendant Rivera. Defendant Rivera was driving the truck easterly on Seventh Street, Los Angeles. Defendant Pinney was driving westerly on said street, intending to make a left turn, southerly, into Lake Street. Before the turn was completed, the collision occurred. Plaintiff instituted this action against both of the above-mentioned parties. The evidence adduced, particularly that bearing upon issues of negligence, was highly conflicting in character. The jury found for defendant Rivera, but rendered a verdict against defendant Pinney, and in favor of plaintiff, in the sum of $5,000. Defendant Pinney thereupon appealed.

Appellant does not argue the insufficiency of the evidence to support the verdict and judgment, but reviews the evidence for the purpose of showing that the conflict therein is so great as to render prejudicial certain alleged errors, irrespective of whether they would otherwise be considered of sufficient strength…