Rayner

In this action against Henry B. Ramirez, Peter B. Ramirez and Rita B. Ramirez, brought by Thelma 0. Rayner, the claimed surviving wife of the deceased Ronald Rayner, and the surviving mother and father, Ruby and Irwin Rayner, a jury returned a verdict for defendants. Plaintiffs appealed from the judgment.

The main contentions on appeal are that the court erroneously instructed the jury, failed to give plaintiffs’ proffered instructions and refused to strike certain evidence.

In defendants’ answer, after denying negligence on their part, they pleaded contributory negligence on the part of plaintiffs’ decedent and that the accident was “unavoidable. ’ ’ At the request of defendants an instruction was given to the effect that in law we recognize what is termed an unavoidable or inevitable accident; that these terms do not mean literally that it was not possible for such an accident to be avoided; and that they simply denote an accident that occurred without having been proximately caused by negligence. This instruction was not referred to in the briefs as being one to which objection was made since, at the time of trial, it was proper under the decision in Parker v. Womack, 37…