Godinez

This is an appeal by the plaintiff, Francisca Godinez, the administratrix of the estate of G. Godinez, as trustee on behalf of his heirs, from a judgment entered on a jury verdict in favor of all the respondents, in her action for wrongful death. Appellant’s husband died as a result of injuries received while a guest in an automobile owned and operated by the respondent, J. G. Beruman, which collided with a tractor and trailer operated by the respondent, Jerry Arthur Soares, in the course and scope of his employment for his father, the respondent, Arthur Soares. Appellant contends that the trial court erred in instructing the jury on the effect of the decedent’s voluntary participation in the festivities- leading to the intoxicated condition of Beruman, and' in refusing her proffered instruction on the doctrine of last clear chance. There is no merit in either of these contentions.

The accident occurred about 9 :30 p.m. on October 23, 1959, on State Highway 4 between Brentwood and Antioch at the bottom of a slight dip in the road. At this point, Highway 4 is a 24-foot wide two-lane highway running north and south through a partially built-up area. The testimony of respondents, J.…