Finkelstein

This appeal is from a judgment entered in favor of respondent upon the verdict of the jury. Appellant relies for a reversal of the judgment entirely upon alleged errors in the instructions of the court to the jury. It is not contended that the verdict of the jury is against the evidence.

Respondent has called our attention to the fact that the record does not indicate at whose request the instructions complained of were given and urges that appellant cannot be heard to complain of error in the instructions, since it is not shown that they were not given at his request and cites us to a number of authorities to support his position. The latest expression in this state upon the question is Bogunda v. Person, 71 Cal. App. 105, 110, 111 [ 234 Pac. 857 , 859], in which the court uses this language: “But there is still another obstacle in reviewing the objections to the instructions in this case in the fact there is nothing to indicate or show at whose request the instructions were given— whether at the request of plaintiffs or defendants. The presumption is, therefore, that they were given at the request of defendants (Gray v. Eschen, 125 Cal. 5 [ 57 Pac. 664 ]; Sutter Butte Canal Co.…