Perry

At the time the petition for a transfer of this cause was before this court after decision thereof by the District Court of Appeal, there were under submission to this court one or more cases in which the applicability of section 141% of the California Vehicle Act, often referred to as the “Guest Law”, enacted in 1929 [Stats. 1929, p. 1580] to eases of the character of the instant case was under consideration. Said section in effect provides that a guest in a vehicle may not recover for personal injuries, based upon ordinary negligence of the driver of said vehicle, and in the cases mentioned, as well as in the present action, counsel contended that said section of the California Vehicle Act was retroactive in its scope and applied to all cases pending at the time of its enactment, wherein the judgments had not become final. For this reason the petition for a transfer was granted. Since then it has been definitely established by the decisions of this court, and particularly by that rendered in the case of Callet v. Alioto, 210 Cal. 65 [ 290 Pac. 438 ], that said section of the California Vehicle Act does not apply to or in any way áffect actions for damages for personal injuries…