Peluso

This action was brought to recover -damages for the death of a minor son, and .the verdict and judgment were in favor of plaintiff for the sum of three thousand five hundred dollars.

[1] The evidence abundantly supports the finding that appellant’s negligence was the proximate cause of the death of the minor. Indeed, we rarely have a case wherein such affirmation can be made with equal assurance. The overwhelming weight of the evidence shows that the minor was riding slowly on a bicycle on the proper side of Eighth Street, in Sacramento. A taxi driven by an employee of appellant came from behind going in the same direction and traveling at a high rate of speed. No signal was given by the driver to warn the boy of the approach of the taxi, and when the machine was within a few feet of the bicycle, the driver swung it to the wrong side, trying to pass to the right of the bicycle and thereby causing a collision, which resulted in the almost instant death of the minor. Several disinterested witnesses testified substantially to the foregoing facts. Of these we may quote Mrs. Mary Silva as follows: “Well, as we was going down Eighth Street, my attention was directed to a boy on a…