Erwin v. Morris

McCOMB, J., pro tem.

This is an appeal by defendants from a judgment in favor of plaintiff for $5,000 after a trial before a jury.

Viewing the evidence most favorable to plaintiff {Ah Gett v. Carr, 3 Cal. App. 47, 48 [84 Pac. 458]), the facts in the instant case are:

Plaintiff while traveling in a westerly direction on Telegraph Road, a highway which runs east and west, stopped his ear on the north half of the highway for the purpose of repairing his windshield wiper, it having rained shortly before. An automobile owned by defendant, Paul Morris, was being driven by his codefendant, Lena Morris,…