Hooper

The issue on this appeal is quite simple: Did the trial court err in reading to the jury sections 525.1 and 551 of the Vehicle Code? The facts of the ease did not bring those sections into play, and we have concluded that, in this particular case, the error in giving the instructions was prejudicial.

Before dealing with the question of the instructions we dispose of respondents’ contention that plaintiff’s appeal should be dismissed because she failed to comply with rule 4(b), Rules on Appeal. This was an action, tried before a jury, for damages resulting to the plaintiff personally when her automobile was bumped by one driven by the individual defendant in the business of the defendant corporation. The jury returned a verdict in defendants ’ favor, and a judgment that plaintiff take nothing followed. Plaintiff filed a notice of appeal from the adverse judgment, together with a request “. . . for a partial reporter’s transcript of the proceedings on April 6, 7, 8 and 9, 1959 during the trial, which shall include everything except the medical testimony of plaintiff’s doctors and the argument of counsel at the conclusion of the trial. A transcript of the proceedings wherein the…