Huber v. Scott

THOMPSON (R. L.), J.

The plaintiff procured a judgment for $5,000 against the defendants for damages sustained in an automobile casualty. The cause was tried with a jury. This appeal was taken from the judgment and order denying a motion for new trial.

The Golden State highway runs southeasterly from Modesto to Merced. The paved portion of this highway is fifteen feet in width with a macadam strip of two and a half feet and an additional oiled gravel shoulder of four feet in width on either side. The entire right of way is sixty feet in width. Adjoining this highway on the easterly side thereof…