arrival home, decedent followed her husband into the bath room where he had commenced to brush his teeth. The argument was resumed, and again became violent. He struck his wife. As a result, she fell into the bath tub sustaining injuries from the fall. It is patent from the autopsy that she was badly hurt by the blows. When he observed that his wife was injured, he carried her to a bed, gave aid, called medical assistance, and caused her to be taken to a hospital. He selected one where she was employed as a nurse and was known to the staff. In other ways he arranged for appropriate treatment and care. She died a few hours later. An autopsy established that there had been a fracture ofold maxim now codified in California as Civil Code Section 3517:
"No one can take advantage of his own wrong. (Enacted 1872.)"
The problem of applying public policy and the old principle now stated in California Civil Code 3517 to cases of this nature centers about the definition of "wrong" in this type of case. Mr. Throop committed a wrong when he carelessly toyed with a loaded shot gun in front of *425 his wife. But his acts which led to the discharge of the gun with fatal results did not proceed from an intent to do any wrong. His was a Tort of omission, rather than of commission. He did not intend to do any illegal act. He was careless and negligent, even grossly negligent. He did not intend