Cuadrado

This action was brought by plaintiff for damages resulting from the death of his son fourteen years of age, who was struck and killed by an automobile operated by defendant, Mabel Tarver.

The defendants are husband and wife. The said automobile was owned by the husband, and at the time of the accident was being operated by his wife with the consent and permission of the husband.

The case was tried by the court and judgment was rendered for plaintiff. Defendants filed a motion for a new trial and said motion having been denied, they have prosecuted this appeal.

Appellants set forth three grounds for reversal: 1. That the court erred in its finding that Mabel Tarver was guilty of negligence; 2. That the court erred in finding that the said son of appellant was not guilty of contributory negligence ; 3. That the court erred in denying the motion for a new trial.

This accident occurred on October 10, 1930, at around 3' :30 P. M., in the village of Yountville, an unincorporated town. Appellant, Mabel Tarver, was proceeding south on the highway at a speed variously estimated by witnesses of from 15 to 30 miles per hour. On the east side of the highway near the place where the…