Conway

Appellant, Jessie M. Conway, filed this action for personal injuries sustained as a guest in respondent’s vehicle which was involved in an accident with an automobile driven by Mrs. Ruby McClelland. The respondent, Corwin N. Gurney, and Mrs. McClelland filed cross-complaints against each other. The jury returned a verdict in favor of the respondent and Mrs. McClelland on the appellant’s complaint and in favor of Mrs. McClelland on her cross-complaint. This appeal is taken only from the judgment rendered in favor of defendant Gurney on the complaint. Appellant argues that the trial court erred in: (1) allowing *241 respondent’s attorney to argue an erroneous principle of law to the jury; (2) failing to give certain instructions requested by the appellant; (3) giving conflicting instructions on the meaning of “wilful misconduct’’; (4) giving erroneous instruction about the defense of assumption of risk; and (5) denying appellant’s motion for a new trial.

The appeal is on an engrossed settled statement, pursuant to rule 7(b) of the Rules on Appeal. The accident occurred about 10 p. m. on January 22, 1958, at the intersection of Franklin and California' Streets in San Francisco. At…