Anderson

The plaintiffs are three minor children of one Harry Anderson, now deceased. They instituted this action by their guardian ad litem, to recover damages for the death of their father, through the alleged negligence of the defendant. The cause was tried by the court with a jury, and a verdict rendered in favor of the plaintiffs in the sum of $15,000. Prom the judgment entered in accordance with the said verdict the defendant has appealed.

The first assignment of error is based upon the claim that the deceased was, as a matter of law, guilty of contributory negligence, in riding with an intoxicated driver. The evidence discloses that the defendant C. J. Pickens and one H. L. Rambo left Oakland, California, on August 13, 1929, in a De Soto coupe automobile; that they were going on a hunting trip to Mendocino County; that they reached the town of Point Arena in said county about 8 o’clock in the evening. They then went to a hotel and had dinner. They stayed at that place for some time and then went to the house where said Harry Anderson lived and took him with them for the hunting trip. They left Point Arena at about 10:20 P. M. the same evening and went to a place called the Pire…