I dissent.
While I agree, generally,- with the views expressed in the majority opinion with respect to the law applicable to "in*407ferences and presumptions, it was error, in my opinion, to give an instruction on unavoidable accident. My views with respect to instructions of this character are set forth in my dissent in Parker v. Womack, 37 Cal.2d 116, 123 [230 P.2d 823]. Anyone familiar with the trial of personal injury cases can appreciate the prejudicial effect of such an instruction in a case of this type, and I would, therefore, reverse the judgment on this ground.
Appellants’ petition for a rehearing was denied August 28, 1952. Edmonds, J., Carter, J., and Traynor, J., were of the opinion that the petition should be granted.