Montanez

Appellant is a sister of Sixto Hernandez, deceased. On June 11, 3926, he was killed in a collision with an automobile driven by Elizabeth Morton Beard, who was at that time acting within the scope of her authority as an agent and employee of her co-defendant George H. Morton. The action is for damages for wrongful death of the deceased, under the provisions of section 377 of the Code of Civil Procedure. The complaint alleges negligence in general terms, and also an excessive speed of fifty miles an hour of the car driven by Mrs. Beard. The answer denies negligence and alleges contributory negligence on the part of the deceased. After the close of appellant’s case the respondents moved for a judgment of nonsuit upon the grounds first, that appellant had failed to establish any negligence on the part of respondents in the operation of the automobile which caused the death of deceased, and, sec ond, upon the ground that appellant failed to show any damage or pecuniary loss which would entitle her to a judgment against respondents. The trial court granted the motion on the first ground and denied it on the second.

This case comes before us upon an appeal from the judgment of nonsuit…