Souza

Plaintiff Mrs. Cora Edith Souza appeals from an adverse judgment entered upon a jury verdict in a negligence action for personal injuries.

The court instructed the jury on the law of contributory negligence. Plaintiff assigns this as error, contending she was free from contributory negligence as a matter of law. Accordingly, our task on this appeal is to determine if there is any substantial evidence, contradicted or uncontradicted, from which a reasonable mind might draw an inference of negligence on plaintiff’s part. (See 3 Witkin, Cal. Procedure (1954) Appeal, pp. 2245-2252.) If there is such evidence the instructions were proper. (Greeneich v. Southern Pac. Co., 189 Cal.App.2d 100,119 [ 11 Cal.Rptr. 235 ].)

We find the following in the record. On the day of the accident defendant Mrs. Elizabeth Heiberg decided to pick up her husband in the family car after his work. She lost her way and wound up in a driveway at the rear of property belonging to plaintiff. She tried to back up to drive out but the ear would not go into reverse. It made a terrific popping noise and the gear kept slipping. It sounded like the rear end would drop out. At this point plaintiff appeared with her…