Graban

This is an action for damages suffered by respondent in a motor vehicle accident on highway No. 99 in Kern County, near the Grapevine Creek bridge in the mountains between Lebec and the Grapevine station. The accident occurred on June 27, 1931, between 3 and 4 o.’clock in the afternoon. The day was dry and clear. Respondent recovered judgment, from which this appeal is taken.

In the oral argument before this court, counsel for appellants expressly waived reliance upon any of their specifications of error except the failure of the trial court to give one of their requested instructions. This instruction concerned the law governing their liability if the accident and injury to respondent was caused solely by a latent defect' in devices and appliances attached to a motor vehicle which had been purchased from reputable manufacturers, and which latent defect could not be discovered by the ordinary inspections usually made. From the view we take of the case we may assume that the proposed instruction properly stated the law and should have been given by the trial judge, and still we conclude that under the evidence before us the refusal to give it was not prejudicial error requiring a…