Castro

This appeal is by defendant from a judgment in favor of plaintiffs in an action for personal injuries sustained by plaintiffs while riding as guests in defendant’s automobile. The case was tried before the court without a jury.

Appellant admits that respondents were guests, and his specifications of errors may be briefly summarized as follows:

(1) That the complaint is defective in basic allegations;

(2) That the findings are not supported by the evidence;

(3) That the evidence does not justify any judgment for plaintiffs under the guest law;

(4) That the court erred in refusing to reopen the case to hear further testimony;

(5) The denial of a motion for new trial was error; and

(6) That there can be no recovery based on gross negligence in this case, by reason of the fact that section 141% of the California Vehicle Act, effective August 14, 1931, abrogated the statutory rights under which respondents theretofore had a claim of recovery on the basis of gross negligence; that the original guest law passed in 1929 abrogated the common-law rule in effect prior thereto.

We shall consider appellant’s last contention first, for in this case the accident in which respondents…