Guinou

On the night of June 7, 1930, near San Carlos, in San Mateo County, the plaintiff Mrs. Guinou was injured in an automobile collision. She was riding in a Ford coupe as the guest of Mr. and Mrs. Le Blanc. The car collided with a Pontiac being driven by the defendant. For the injuries sustained by Mrs. Guinou the plaintiffs commenced this action to recover damages. From the judgment entered on the verdict against him the defendant has appealed.

1. The trial court of its own motion gave an instruction that the violation of a statute is negligence as a matter of law. The defendant calls to our attention that the plaintiffs introduced evidence to the effect that the defendant was driving 45 miles per hour at the time of the accident. Continuing, he argues that as the statute was worded at the time of the trial such speed was not a violation of the statute. (2 Peering’s Gen. Laws, p. 2507.) The plaintiffs reply that the instruction objected to stated nothing to the contrary. The record contains the opening statement by the plaintiffs. Nothing therein is said regarding the defendant’s speed. The same remark may be made of the complaint. No one of the instructions was addressed, in…