Arellano

Plaintiff, Aurelio Arellano, appeals from a judgment, rendered on a ten to two verdict, in favor of defendant, Gerónimo C. Moreno, in plaintiff’s action for damages for injuries sustained by plaintiff when defendant’s automobile knocked another automobile into plaintiff.

Plaintiff contends that the trial court committed reversible error in (1) refusing BAJI No. 3.52, an instruction proffered by him to the effect that the contributory negligence of a plaintiff does not bar his recovery for an injury caused by the wilful or wanton misconduct of a defendant; (2) giving defendant’s requested instructions stating the provisions of Vehicle Code sections 24800 and 24250; and (3) permitting the. investigating officer to testify regarding the location of the point of impact and unduly limiting plaintiff’s counsel’s cross-examination of the officer on the matter. We affirm for reasons hereinafter set forth.

Facts

On early Saturday morning, August 17, 1968, about 4:40, while it was still dark and the street lights were on, plaintiff, driving southbound on Huntington Drive in Los Angeles, on his way to work, saw some acquaintances of his, the Davilas, pushing their 1961 four-door…