Martinez

The plaintiff brought this action for damages for personal injuries received when an automobile in which she was sitting and which was parked upon a highway was struck by an automobile driven by the minor defendant, Warren R. O’Blennis. Judgment was rendered in favor of the defendants upon the verdict of a jury. A motion for new trial having been denied, the plaintiff appeals.

The plaintiff contends that the evidence established that the defendant was negligent and that there was no negligence on the part of the plaintiff, and that therefore the court erred in submitting the question of contributory negligence to the jury.

The evidence established that plaintiff on February 14, 1958, had been riding in an automobile driven by her husband. They stopped the car at a “teen-age canteen” where plaintiff’s husband left the ear and went to the canteen to find *339 their son who was attending a dance. The highway was a two-lane road and there was considerable traffic. The evidence indicates that the automobile in which plaintiff was riding was parked at least partly upon the travelled portion of the highway, enough so that it was in the line of approaching traffic. Plaintiff remained in…