was a four-foot embankment of snow thereon.
Miller testified that when he was about one hundred twenty feet north of the intersection he could see the top of the Clocherez car approaching the intersection from the east. He estimated that the Clocherez car was also about one hundred twenty feet from the intersection. Miller testified he was driving about forty to forty-five miles per hour.
Berens testified that when the Miller car was about one hundred feet north of the intersection he saw the top of the Clocherez car and estimated that it was about one hundred feet east of the intersection.
*495 An undersheriff, who was called to the scene of the accident, testified that a driver approaching the intersection from the east could not see traffic approaching from thenorth until he was within seventy-five feet of the east line of the intersection, because of the embankment. However, he testified that he was speaking of conditions at the time of the trial and not on the day of the accident. He admitted that there was "quite a bit of snow piled up there" and he could not tell from what distance east of the intersection a driver could see traffic approaching from the north on the day of the accident. No tests were made and no measurements were taken on that day. It does not follow that Clocherez could see any portion of the Miller car at the time the top of his car was observed.
Mrs. Grace Clocherez, mother of Hubert, testified that she looked to the