point of impact, there is no question, and it is not disputed, that plaintiff was over on defendant's side of the highway. Subsequent to the collision, and before defendant's car had been move in any manner, the evidence establishes the fact that at least the right front and rear wheels of defendant's car were off the pavement on his right side, resting upon the gravel or dirt shoulders of the highway.
 The injuries to the Keller boy were of such serious consequence that as a result his memory was affected, and at the time of the trial, some fourteen months after the date of injury, he was unable to testify as to any of the facts concerning the accident. The loss of memory was apparently a result ofhaving received a blow about the head which caused a severe concussion. He also received a severe injury to one of his legs, and injury to his eyesight. *158
 Defendant was the only eyewitness who saw the collision between defendant's car and the bicycle operated by plaintiff. There were, however, a number of witnesses who arrived at the scene of the accident shortly after the collision. These witnesses, called by plaintiff, included H. C. Williams, a traffic officer, S. B. Castleman, the owner and operator of the grocery store located at the intersection in question, A. L. Chandler, a laborer, and Joseph Reheremann and Norbert Reheremann, brothers, who are engaged in farming. These two brothers were performing carpentry work, at the time of the accident, on a small