Atkins

Action by husband and wife to recover damages to the latter resulting from the alleged negligence of defendant. From a judgment in favor of plaintiffs, defendant has appealed.

An automobile driven by defendant north on Linden Street in Long Beach collided at the intersection of that thoroughfare and Eighth Street with a Ford truck driven by one Eva Bond, who was proceeding easterly on Eighth Street, with the result that the truck, struck on the right rear wheel, swung around to the northeast, striking plaintiff Annie Marie Atkins, a pedestrian crossing Eighth Street, seriously injuring her.

Appellant does not question the sufficiency of the evidence to support the verdict and judgment, but urges that the court erred in giving an instruction to the effect that exceeding a given speed made a prima facie case of negligence. The instruction complained of reads: “The law of this, state does not make the driving of an automobile at any particular rate of speed necessarily unlawful. The law merely provides that any person driving a vehicle on the public highways of this state shall drive the same at a careful and prudent speed not greater .than is reasonable and proper, having due…