What are the grounds of appeal in a motor vehicle accident case?

Appellants' third ground of appeal is that the respondent was guilty of contributory negligence as a matter of law. This question is similar to that raised by the second ground of appeal as the ultimate determination is one of fact. The rule defined in Berniker v. Berniker, supra, applies to contributory negligence with the same force as it does to negligence. The question of whether or not respondent was driving too fast under the conditions which prevailed at the time of the accident and whether his speed was a proximate cause of the accident was presented to the jury and decided adversely to appellants. There is one additional aspect of the problem which is peculiar to this particular case. The appellants-defendants offered and the court gave BAJI Instruction No. 144, which reads: