Haro

This is an appeal from a judgment rendered in an action wherein plaintiffs, the widow and minor children of Demetrio Haro, sought to recover damages suffered by reason of his death. The sole question to be determined on this appeal is whether or not plaintiffs’ cause of action is barred by the provisions of subdivision 3 of section 340 of the Code of Civil Procedure.

Ruth Haro, the widow, was born April 9, 1914, Carmen Haro on April 7, 1932, and Jose Haro on March 18, 1933. Demetrio Haro was killed on June 2, 1933. This action was commenced on July 7, 1934, or more than one year after Demetrio’s death, and plaintiffs’ action was barred by the statute of limitations unless it was tolled by the circumstance of the plaintiffs, each being under the age of twenty-one years at the time the action was instituted.

Section 352 of the Code of Civil Procedure provides in effect that the time of the existence of the disabilities there specified, which include the minority of the plaintiffs, shall not be included as “a part of the time limited for the commencement of the action ”• Therefore, the important question arises, is the fact that all of the plaintiffs were under the age of…