Essick

This is ail appeal by plaintiffs from an adverse judgment in favor of defendant, in actions for personal injuries and wrongful death.

The plaintiffs’ sole grounds for appeal are alleged error committed by the trial court in the giving of certain instructions and the refusal to give others. It is axiomatic that no judgment may be set aside and no new trial may be ordered on the ground of erroneous instructions unless ‘‘ after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.” (Cal. Const., art VI, § 4½; Bridgman v. Safeway Stores, Inc., 53 Cal.2d 443 [ 2 Cal.Rptr. 146 , 348 P.2d 696]; Hildebrand v. Los Angeles Junction Ry. Co., 53 Cal.2d 826 [ 3 Cal.Rptr. 313 , 350 P.2d 65 ].) Furthermore, there is no presumption that error is prejudicial, or that injury was done merely because error is shown. (Code Civ. Proc., § 475.) In conformity with these rules, we have carefully considered the various assignments of error in the light of the whole record.

A review of the evidence reveals the following: The accident occurred at 1:05 p. m. on August 1, 1957, near the city of…