Scott

On Monday, March 12, 1956, at about 7:55 a.m., appellant Clare B. Mackey, driving a new Cadillac convertible toward Salinas on the two-lane Salinas-Monterey highway, drove into the traffic lane used by traffic traveling toward Monterey and collided with a Chevrolet pickup truck proceeding toward Monterey and operated by Earl Van Emon. Admittedly the Cadillac at the moment of impact was in its wrong lane, and admittedly the right side of the Cadillac collided with the front of the Chevrolet. As a result of the accident Van Emon was so seriously injured that he died two days later. Russell Scott, as the executor of Van Emon’s estate, brought this action for the wrongful death of Van Emon. The jury brought in a verdict of $38,665.53 in favor of the plaintiff. Defendant appeals.

The major attack of appellant is upon the instructions. A microscopic analysis is made of many of the instructions, and then by resort to complicated, artificial and technical reasoning a possible construction of these instructions is arrived at which appellant claims is erroneous. It would be most unusual for a jury to engage in the mental gymnastics suggested by appellant. In fact, it is extremely difficult…