Noble

This is an action by plaintiffs arising out of a collision between the automobile of plaintiffs and a truck belonging to certain of the defendants, and driven by Oftedal, also a defendant herein. The issues were submitted to a jury, who found for plaintiffs. The question of law involved as framed by appellants is, “Did the court commit prejudicial error in instructing the jury that the violation of any statute constituted negligence as a matter of law, without taking into consideration the amendment of section 113 (d) of the California Vehicle Act of 1931?”

The following instruction was given by the court at the request of the plaintiffs: “If you shall find from the evidence that defendant, Oftedal, or the driver of the truck following his, prior to and at the time of the collision were violating any provision of the California Vehicle Act referred to in these instructions, then such truck driver was guilty of negligence as a matter of law, and if such negligence solely and proximately caused the collision, your verdict must be in favor of the plaintiffs, John Stenovich, Cornelius Noble and Pansy H. Noble.”

The following instruction was given by the court at the request of the…