I concur in the judgment and in the opinion, except for the reference to the presumption of due care. Since the burden of proof on the issue of contributory negligence was on defendant, no proper purpose is served by invoking the presumption. (See dissenting opinion in Speck v. Sarver, 20 Cal.2d 585, 590 [128 P.2d 16].)
Respondent’s petition for a rehearing was denied August 19,1954.