Sozzi

Respondents, Joseph and Lena Sozzi, individually and as guardians ad litem, filed this action for personal injuries sustained by their minor daughter, Angelina, and for the wrongful death of another daughter, Mary. The girls were riding as guests in an automobile owned and operated by Angelina’s fiancé, Donald T. McGinity. The McGinity Mercury was involved in a collision with a 1946 *233 Ford owned by the appellant, John W. Gull, and operated with his permission by his minor son, the appellant, John M. Gull. McGinity was originally named as a defendant but subsequently dismissed by nonsuit, as there was no evidence of wilful misconduct (Veh. Code, § 17158). Thereafter, the jury returned a verdict in favor of the plaintiffs. On this appeal from the judgment entered on the verdict, appellants’ assignments of error are that the trial court: (1) improperly refused their proffered instruction based on former section 544, subdivision (a), of the Vehicle Code; (2) excluded certain evidence; and (3) communicated with the jury while they were deliberating, contrary to sections 613 and 614 of the Code of Civil Procedure.

The accident occurred about 8:25 a.m. on May 8, 1956, on U.S. Highway…