Metcalf

Plaintiff brought two separate actions in the superior court of Fresno County, California, for the sum of ten thousand dollars damages for the death of Byron Metcalf, a seven year old son of plaintiff, alleged to have resulted through the boy being struck by an automobile negligently operated by the defendants on the morning of December 4, 1923, while the child was traveling on his way to school along a public highway of Fresno County, California, commonly known as the Whites Bridge road. The eases were consolidated for purposes of trial, and one verdict returned and one judgment entered, verdict and judgment being for the sum of $5,000. A motion for a new trial was made and denied and the appeal is taken from this order and from the judgment; on a typewritten manuscript.

The collision which caused the boy’s death was at a point on the Whites Bridge road about fifteen miles west of the city of Fresno. At the place where the fatal injuries were received, the road, which is a paved one, with dirt shoulders, runs east and west upon a straight line. Plaintiff resided on a small ranch on the north side of the road. On the morning in question Byron Metcalf and two other boys of about…