Evans v. Regan

This is an appeal by the plaintiff from a final judgment entered upon a jury verdict for the defendant. The appellant was a passenger in a car which was involved in an intersectional collision. The error assigned is the refusal of the court to give an instruction that the negligence, if any, of the driver of the car in which appellant was a passenger was not imputed to the plaintiff-appellant.

The instruction should be given in every case when applicable and the failure to give it when applicable will constitute reversible error. Ross v. Wilcox, 190 Cal. *916App.2d 213, 11 Cal.Rptr. 588 (3d…