Jennings

This is an appeal from a judgment of nonsuit in favor of defendant Marvin R. Young in an action for wrongful death and property damage resulting from an automobile collision. The action was brought by the *389 widow and adult children of the decedent William A. Jennings. Defendant Benskin, driver of one of the cars involved in the collision, admitted liability and judgment was entered against him for the sum of $16,533.

The collision involved occurred at about 4:40 p. m. on November 7, 1956, on Highway 395 near the city of Escondido. At the scene of the accident Highway 395 runs generally north and south and consists of a main traveled roadbed 24 feet in width with a broken white center line dividing the highway into two main traffic lanes, each 12 feet wide. The north and south main traffic lanes are both improved with shoulders of asphalt and concrete surfacing, each about 10 feet in width. At the outer edge of the shoulder of the northbound traffic lane there is an asphalt curb or “berm” about 15 inches high. At approximately one-half mile south of the place where the accident occurred the highway changes from four lanes to two lanes, one main traffic lane for northbound…