Neuser

Appellant, the plaintiff below, has appealed from a judgment entered in favor of respondent upon the granting of the latter’s motion for a nonsuit in an action in which she sought to recover damages for personal injuries received as a result of a collision allegedly caused by his negligence while she was riding in a vehicle operated by him.

No claim is made that respondent was intoxicated or that he engaged in wilful misconduct. The sole issue is whether the evidence reflects that at the time of the accident appellant was as a matter of law a guest in respondent’s vehicle; or, as it may be stated conversely, is there any evidence which would support a finding that she was other than a “person who as a guest accepts a ride . . . without giving compensation for such ride.” (Veh. Code, § 17158.)

Appellant, who had previously been in California, returned to San Francisco in August or September 1961, and enrolled at and attended San Francisco State College. She first met respondent in September 1961 at the home of Frank Collasto, a fellow employee of respondent, with whom respondent subsequently took up residence. Thereafter she saw him on three or four occasions before October 11,…