(dissenting).
I dissent from the majority decision that in this action submission to the jury of the instruction on unavoidable accident was prejudicial error. The record does not demonstrate that the instruction overemphasizes respondent’s case.
Moreover, I disagree with the majority pronouncement that giving an unavoidable accident instruction is in any and all circumstances reversible error. Such a prospective general statement should not be made by this Court without benefit of specific argument of counsel directed to that precise point. This Court should, at most, indicate that the general validity of unavoidable accident instructions is under scrutiny.