Moreno

—The widow and four minor children, as sole heirs of Manuel Moreno, sued Willie Flores Herrera for damages caused by his death, allegedly due to the actions or omissions of the defendant as decedent was riding with him in his Chevrolet automobile in the late evening of May 14, 1965. The vehicle operated by the defendant made slight contact with another car, skidded into the concrete abutment of the bridge crossing the Old Arena Canal on Lincoln Boulevard in the vicinity of Livingston and overturned in the canal. In their complaint, as amended, the plaintiffs employed four counts, alleging negligence, wilful misconduct, intoxication and negligent ‘ ‘ ownership, maintenance and use ’ ’ of the vehicle.

Denial of fault and contributory negligence and assumption of the risk were pleaded in defendant’s answer. Coneededly, there was no evidence showing contributory negligence on the part of Manuel Moreno, and we do not have to concern ourseves with that issue.

Originally, Mrs. Herrera, wife of respondent, was also named as a party defendant, but a nonsuit was granted as to her; the trial court also ordered a nonsuit with respect to any claim of negligence prior to the collision as…