Alward v. Paola

This action for damages arose out of an automobile collision happening on May 20, 1945, at about 11:30 a. m. on a clear day, on U. S. Highway 99, over the “Five Mile Grade” about 15 miles north of Castaic.

Plaintiff alleges negligence of defendants and defendants claim defenses of contributory negligence, joint enterprise, and unavoidable accident.

The three-lane highway at the place of the accident runs north and south. Each lane was 10 feet in width with a four-foot shoulder on each side. There is a canyon on one side and a bank on the other. The roadway is posted with signs reading “Use…