owned by Barthol Stafford. During the trip to Buffalo the car was driven by Barthol Stafford, and after arrival at that city the parties proceeded to attend the show. After the show Mr. Stafford secured his car from a parking lot and the parties made ready to proceed home. After the car was secured arrangements were made between the parties whereby Barringer was to drive the car home as a result of Stafford being tired, and during the greater part of the trip home and at the time of the accident, Mr. and Mrs. Stafford were sleeping in the back seat, and Mrs. Barringer was asleep beside her husband in the front seat. The accident occurred around 4:00 A. M. on the morning of June 21, 1942. Thehighway at the scene of the accident being approximately 20 feet wide, and the berm on each side of the highway at or near the scene of the accident varying in width from 5 to 12 feet. The condition of the berm was of such construction that it was available and suitable for vehicular use. There was a slight curve on the roadway to the left as the vehicle approached from Buffalo, with a slight downward grade in the direction of Erie, but, under normal atmospheric conditions, nothing existed to impair the vision of an individual driving from Buffalo at or near said curve in the direction of Erie to the place of the accident for a distance of approximately 1600 feet. At the time of the accident