Moeller

Upon a record prepared in accord with the provisions of section 953a of the Code of Civil Procedure, and after a motion for a new trial was made by him and denied by the court, the plaintiff prosecutes an appeal from the judgment rendered and entered against him in an action in which he claims damages for injuries alleged to have- been negligently inflicted by defendant upon the person of his (the plaintiffs’) infant daughter and for her death resulting therefrom, the cause having been tried by the court, sitting without a jury.

The complaint, after describing the manner in which the injuries were caused and charging that they were the direct result of the negligence or culpable carelessness of the defendant, declares that as the result of such negligence the plaintiff suffered damage as measured in money in the aggregate sum of $3,121.85, said sum including expenditures by plaintiff in payment of the bills of doctors, nurses, sanitarium at which the minor was treated for her injuries up to the time of her death, funeral expenses, and also for loss to plaintiff of the services of the infant.

The answer consists of general denials of the allegations of the complaint, contributory…