Sims

This is an appeal from a judgment entered upon a verdict for defendant in a wrongful death and personal injury action in which the jury made a special finding that the respondent was not guilty of negligence.

The appellants are father and son. James Otis Sims, hereinafter referred to as appellant, was severely injured and his wife was killed instantly in an accident which occurred on United States Highway 99, between Redding and Dunsmuir where the highway is one lane each way, is of blacktop construction, is 22 feet wide, has a curve with a 500 foot radius, and a 6 per cent grade ascending to the north. The accident happened about 4 o’clock on the afternoon of May 3, 1956. *795 It had been raining and was misty at the time of the accident. The pavement was wet.

Appellant and his wife were traveling north in their Pontiac automobile at an estimated speed of 40 to 45 miles per hour. Respondent was southbound, driving a GMC truck-tractor which was pulling a flatbed trailer upon which was another trailer loaded “piggy-back,” and was traveling at an estimated speed of 25 to 30 miles per hour. Respondent testified that he had just rounded the turn or curve and was from 50 to 150 feet…