Falvey

Action by the administrator of the estate of Jeremiah Baldwin Falvey, deceased, for damages, resulting from the latter’s death in an automobile collision July 12, 1922.

The collision occurred between a Ford sedan owned and operated by the deceased’s son, in which the deceased was a passenger at the time, and an Oakland touring car owned and operated by defendant herein. The cause was tried before the court without a jury, and the court found, in accordance with the allegations of the complaint, that defendant so carelessly, negligently, and unskillfully managed; drove, and operated his automobile that it ran into and collided with the automobile in which decedent was riding, overturning the same and killing decedent, and rendered judgment for plaintiff in the sum of five thousand dollars. Defendant appealed.

The appeal is on the sole ground that the evidence fails to disclose any negligence on the part of defendant which either proximately or at all caused- or contributed to the injuries suffered by respondent’s intestate.

The collision occurred at the intersection of San Mateo Drive and Peninsula Avenue, in San Mateo County. San Mateo Drive runs in a northerly and southerly…