Schramko

Plaintiff has appealed from a judg ment for defendant based upon the verdict of a jury in a personal injury action. Plaintiff was riding on a truck being operated by defendant. The accident occurred on a narrow, curving highway in Mendocino County on a clear, dry afternoon. Respondent was driving his loaded truck up a steep .grade at a speed of approximately 6 miles an hour, when the vehicle suddenly jumped out of gear. Respondent immediately applied both the tractor and trailer brakes in an effort to come to a complete stop. Upon such application of the brakes the truck tilted and rolled. The load consisted of lumber which appellant had purchased at a lumber yard, and which respondent was hauling to appellant’s residence. One of the issues was as to whether or not appellant was a guest of respondent. Upon this issue, which was submitted to the jury under appropriate instructions, the evidence was conflicting, but the jury were told that if they found appellant was respondent’s guest then their verdict should be for respondent, it not being contended that there was evidence of such conduct as would warrant recovery by a guest. Respondent had pleaded the affirmative defense of…