Esquivel v. Nancarrow

HAYS, Justice

(concurring in part and' dissenting in part).

I agree with the result reached by the majority in reversing and remanding. It should be made clear to court and counsel that the giving of an instruction on unavoidable accident is reversible error.

I must join with the dissent, however, in upholding the action of the trial court in-instructing the jury as to the law requiring-pedestrians to cross at intersections or marked crosswalks.