Kerner

The respondent Christina Kerner is the widow of August D. Kerner, who was killed in an automobile collision on July 22, 1931. The nine minors who are respondents are their children. They recovered judgment for $10,000 damages from which this appeal is taken.

At the time of the accident deceased was driving his Chevrolet touring car westerly on North Avenue, and appellant Moore was driving a one and a half ton panel body Ford delivery truck south on Fowler Avenue. The two streets intersect at right angles. The intersection was an obstructed one where the speed limit was fifteen miles an hour, under the definition contained in section 113 of the California Vehicle Act. At the time of the accident the visibility was good and the roadways dry. Fowler Avenue is a graded country road about forty-one feet wide between gutters with a hard-oiled surface about twenty feet wide in its center. North Avenue is graded to a width of about thirty-two feet with an oiled strip about fifteen feet in width in its center.

As grounds for a reversal of the judgment, appellants urge: 1. That the court erred in denying their motions for instructed verdicts; 2. That the verdict and judgment are not…