Ray

Plaintiff, appellant, brought this action for personal injuries arising from an accident in which she was driving respondent’s automobile, and respondent cross-complained for damages to the vehicle. The jury’s verdict was that neither party is entitled to damages. Plaintiff moved for new trial; the motion was denied by operation of law when the court did not grant it within the statutory period.

Two errors are claimed: (1) that evidence was improperly received that defendant had heart disease and cancer, and (2) that it was misconduct for defendant’s counsel to refer to an accident report of the highway patrol.

The essential facts in the case are these: The witnesses agree that the accident occurred when defendant, who was riding in the front seat next to plaintiff, who was driving, seized the wheel of the car and caused the vehicle to crash into an embankment on a mountain road. Defendant’s version is that the car skidded while rounding a turn, at a speed that was high considering the nature of the road, and that plaintiff cried out that the brakes were gone; and that, as there was another curve not far ahead, an outside curve, and there was a drop of 300 feet on the right hand…