Nieves

This is an appeal by plaintiffs from an order granting a new trial in an action for damages for death brought by plaintiffs as the heirs of the deceased. The main ground urged in the trial court in support of the motion for new trial was that the jury had been erroneously instructed.

This action involved a collision at a street intersection between an automobile driven by the deceased and an antomobile driven by respondent. The accident occurred after the effective date of the amendment of 1931 to section 113 of the California Vehicle Act. (Stats. 1931, p. 2120.) The evidence regarding the speed of the two cars, the manner in which they entered the intersection and the manner in which they collided was all conflicting. The effect of the trial court’s instructions was to tell the jury that respondent was guilty of negligence as a matter of law if he traversed the intersection at a speed in excess of fifteen miles per hour. Section 113 of the California Vehicle Act as amended in 1931 provides in subdivision (d) thereof: “In any civil action the driver of a vehicle who has operated such vehicle at a speed in excess of the miles per hour set forth in subdivision (b) applicable at the…