Park
Park v. Gruwell
Opinion
Lead Opinion
Hall, J.
Plaintiffs, as the widow and children of Dean W. Park, brought this action in Santa Clara county to recover damages for the death of said Dean W. Park, alleged to have been caused through the negligence of defendant. Defendant is a minor and appeared by his guardian ad litem, Fannie H. Gruwell.
Upon demand of the defendant, before answer filed, the place of trial of said action was changed to Lake county, where defendant resides. After answer had been -filed plaintiffs moved that the place of trial be changed to Santa Clara county, upon the ground that the convenience of witnesses • and the ends of justice would be promoted by the change. This motion was denied, and plaintiffs in due time appealed.
It is alleged in substance in the complaint that while Dean W. Park was riding a bicycle in an easterly direction along a driveway in the grounds of the Leland Stanford Jr. University, defendant at the same time and place was riding a bicycle in a westerly direction at a reckless and dangerous rate of speed, and so carelessly and negligently rode and ran the same that, without fault of said Dean W. Park, defendant ran into and collided with said Park and injured him so that he died…