Shamlian

On December 14, 1926, a collision occurred at an intersection of public highways in Fresno County between a truck driven by defendant and appellant T. A. Minardi and a Model T Ford automobile driven by A. T. Shamlian. Shamlian was driving north on a paved highway and Minardi was driving east on a dirt road intersecting the highway. Shamlian was killed as a result of the collision, and this action was brought by his heirs at law for damages occasioned by his death. Judgment was entered in favor of plaintiffs in the lower court and from this judgment defendant appeals. The trial court found that appellant negligently and recklessly drove and operated his truck on approaching and driving into the intersection of the road and highway and that by reason thereof his truck collided with the automobile of decedent, thereby causing his death. Appellant attacks this finding of the trial court as not supported by the evidence.

Section 131 of the California Vehicle Act, as amended in 1925 (Stats. 1925, p. 412), subdivision (a), which was in effect at the date of the collision, provided as follows: “When two vehicles approach an intersection of public highways at approximately the same time…