Elm

Appellant, a high school student, accompanied by two girl companions named Astrid Elm and Adeline Harding, was driving a Ford coupe along what is called the Copper King Road, near Fresno, about 4 o ’clock in the afternoon, returning from a high school picnic; and while rounding a curve in the road on a slight descent in the grade, at a speed of between twenty and twenty-five miles an hour, the coupe ran into a rut in the left side of the road, caused by recent rains, and after swerving across the road climbed, a slight bank, ran into a tree standing three or four feet distant from the road, and overturned, causing the death of Miss Elm. As a result of the accident, the parents of the deceased brought this action for damages, and upon trial before the court sitting without a jury, the court found, as alleged in the complaint, that the accident was proximately caused by appellant’s negligent operation of the automobile, and further found that there was no contributory negligence on the part of the deceased. Thereupon judgment was entered in favor of the respondents for two thousand five hundred dollars, from which judgment the appeal herein is taken.

Appellant concedes that the…