Cobarrubia

The surviving children of Fernando Rodriguez sued to recover damages for the wrongful death of their father. The appeal from the judgment entered upon a verdict in favor of the defendants principally concerns instructions which were given upon the issues of contributory negligence, imputed negligence, assumption of risk, and unavoidable accident.

The accident occurred while Rodriguez was riding in a truck owned and driven by Frank Hernandez. At the intersection of Kearney Boulevard and Grant Avenue, it collided with one driven by Roy Buchanan of which Robert F. Brown was the owner.

Kearney Boulevard is an east-west highway which is divided into two “lanes” by a row of trees. The highway to the *861 north, of the trees, referred to as the “truck lane,” is for the use of both eastbound and westbound traffic. It is a paved roadway approximately 10 or 11 feet wide with abutting shoulders from 3 to 6 feet in width.

South of the trees, the highway is for the use of vehicles other than trucks. It is of the same width with abutting shoulders, and is called the “boulevard lane.” Grant Avenue, a north-south roadway, intersects at right angles the two lanes and the row of trees,…

I dissent.

I am of the opinion that there was no prejudicial error in the instructions and that the judgment should be affirmed.

Respondents’ petition for a rehearing was denied April 19, 1951. Spence, J., voted for a rehearing.