Bartlett

Order directing judgment to enter: The plaintiff seeks to recover damages for personal injuries that were sustained when his automobile collided with one of the defendant’s cows. On October 4, 1935, when the accident occurred, the plaintiff was employed as a traveling salesman covering the territory of Western Nevada and California. He was receiving $250 a month salary and was 52 years old. He was driving in Lassen *278 County, California, on U. S. Highway 395, from Susanville, California to Reno, Nevada. It was about 7 P. M. and it was dark. The plaintiff was familiar with the territory, had driven over that area for about three years, and had been over the same road on other occasions. Highway 395 carries fairly heavy automobile traffic, and goes through country which has been used for years for grazing of cattle. It is hilly country, and at the point of the accident, a hill begins to level out across the foot of the valley.

On October 4th, 1935, the defendants, .Galleppi Brothers, a copartnership, were in the business of raising cattle and ranging them in Lassen County. They then had about 800 heads of cattle, of which about 25-100 were upon the open range under a Taylor…