Stathos

Plaintiffs are the widow and seven children of Frank Stathos, who died after being struck by an automobile driven by defendant. In this wrongful death action defendant admitted liability and the case went to trial before a jury on the issue of damages alone. The jury returned a verdict for $7,388.80 of which $1,838.80 constituted funeral expenses. Plaintiffs’ motion for new trial was denied. Plaintiffs appeal from the judgment and from the order denying a new trial. An order denying a new trial is not appealable and that portion of plaintiffs’ appeal is dismissed.

Uncertain evidence of decedent’s age indicated that he was 67 or 69 years old at the time of death. If the former he had a life expectancy of 10 years; if the latter of 8.97 years. His widow, to. whom he had been married for 35 years, was 54 years old at the time of his death and his seven children (one daughter and six sons) ranged from 23 to 35 years. At the time of their father’s death, four of the children were married and.had their own homes. The other three lived with their parents. Family relationships were close and devoted.

Mr. Stathos had been active in the bar and restaurant business in Sacramento for…