Nieves v. Vigolino

This is an appeal by plaintiffs from an order granting a new trial in an action for damages for death brought by plaintiffs as the heirs of the deceased. The main ground urged in the trial court in support of the motion for new trial was that the jury had been erroneously instructed.

This action involved a collision at a street intersection between an automobile driven by the deceased and an antomobile driven by respondent. The accident occurred after the effective date of the amendment of 1931 to section 113 of the California Vehicle Act. (Stats. 1931, p. 2120.) The evidence regarding the…