Fortier

This is an action by the father for damages for the death of his minor child eight years of age, occasioned by a collision between a delivery automobile of defendant corporation and the minor child of plaintiff. Said child was riding a scooter at "the intersection of Dewey and Harrison Streets in the city of San Diego. The jury rendered a verdict in favor of the plaintiff and respondent in the sum of $9,275. Judgment was entered thereon in the amount of the verdict and costs of action amounting to the total sum of $9,404.30. From this judgment defendants appeal.

A statement of the case discloses the following facts: The son of plaintiff and respondent, Joseph James Fortier, of the age of eight years, five months and eighteen days, was killed on October 25, 1929, at 2:30 o’clock in the afternoon by coming in collision with an automobile delivery truck driven by the defendant Michael Hogan, who was at the time the agent and employee of the Exclusive Florists, Inc., a corporation. Harrison Street was a street running approximately east and west and was 70 feet wide at the intersection. Dewey Street was a street running approximately north and south and was 40 feet in width. The…