Gorman

This is an appeal by defendant, County of Sacramento, from a judgment entered against it upon a verdict of a jury in the sum of $10,000 and reduced to $7,500.

The plaintiff, Barton L. Gorman, brought this action to recover damages for the death of his minor son, George Andrew Gorman, charging that his son’s death was caused by the negligent manner in which the defendant, County of Sacramento, maintained a certain bridge across a canal or slough near the town of Ryde. It is the claim of plaintiff and respondent that the boy, while riding his bicycle along the public highway „and over this bridge, met his death by falling from the bridge into the water below and drowning, and that the fall was caused by the lack of guard-rails upon the bridge.

Many contentions are made for a reversal of the judgment.

Appellant first contends that the evidence is insufficient to justify the verdict of the jury.

It was stipulated at the trial that the boy met his death by drowning. The boy, at the time of his death, was of the age of ten years and seven months, in good physical condition and in full possession of all his faculties. He resided with his mother near the town of Ryde in Sacramento…