Hazel

Appeal by defendant from an adverse judgment entered on a jury verdict in an action for damages for personal injuries. The only question is whether the court committed prejudicial error in refusing to instruct on contributory negligence.

The action arose out of a rear-end collision which occurred about 11 a. m., October 6, 1956, at the intersection of San Fernando Road and Valencia Street in Burbank. San Fer *383 nando ran generally north and south. There were two lanes of traffic in each direction divided by a double white line. Valencia intersected San Fernando, forming a T intersection. Two pedestrian crosswalks were marked across San Fernando : one, adjacent to the north side of the intersection; the other, adjacent to the south side. The weather was clear and the street dry. There was “a sign some place out in the crosswalk saying ‘Stop for pedestrians.’ ” There was no regular boulevard stop that faced northbound traffic on San Fernando.

Plaintiff was driving a Studebaker northbound on San Fernando in the lane next to the double white line, called the inside lane. Defendant was driving a Ford northbound also in the inside lane. The front of defendant’s car collided with the…