Solko

Appeal from judgment of dismissal entered upon the granting of defendant’s motion for a nonsuit in an action to recover damages for negligence proximately causing personal injuries to plaintiff and the death of her husband. The questions presented are stated by appellant as follows: 1. If a husband is killed and his wife, while his passenger, suffers personal injuries in the same automobile collision wherein the husband is guilty of contributory negligence, does Ms said contributory negligence bar her recovery for her own personal injuries? 2. Was plaintiff’s husband guilty of contributory negligence proximately causing the accident ? 3. If so, should the jury here have been permitted to decide whether, as a matter of fact, defendant had the last clear chance of avoiding the injury, and whether he used due care in that behalf ? The questions thus presented will be considered in the same order.

1. It is well established in this state that the contributory negligence of the husband is imputed to his wife, and the wife is consequently barred from any recovery for her injuries. (Basler v. Sacramento Gas & Elec. Co., 158 Cal. 514 -518 [Ann. Cas. 1912A, 642, 111 Pac. 530 ] ; Dunbar v.…