Sinclair

This is an appeal by defendants from a judgment in favor of the plaintiff in an action for personal injuries sustained by reason of the alleged negligence of defendants, from which resulted a collision between an automobile operated by plaintiff and a truck driven by defendant Avery, an employee of his codefendants, at the intersection of Tenth, and B Streets, in the city of San Diego.

The sole point urged by the appellants relates to the giving or refusing of instructions to the jury. The defendants requested the court to instruct the jury as follows: “If the jury believe from the evidence that the plaintiff by .his own negligence directly contributed in any degree to the injury sued for, they will find for the defendants.” The court gave substantially this- instruction and several others on the subject of contributory negligence, omitting from each of them, however, the words “in any degree” included in the proposed instruction. It is urged that the court’s refusal to thus emphasize the measure of any contributory negligence chargeable to the plaintiff was error sufficiently prejudicial to entitle the defendants to a new trial. This contention is not maintainable. It is true…