Leal

Plaintiffs appeal from a judgment in favor of defendant' in an action for damages for the death of plaintiffs’ son, caused by having been struck by an automobile driven by defendant on the public highway. The appeal is taken under the provisions of section 953a of the Code of Civil Procedure.

The grounds of appeal, as stated by appellants in their brief, are that the respondent was guilty of negligence because at the time of the accident he was operating his automobile in the vicinity of a schoolhouse at such a rate of speed that he could not stop the same in less than thirty feet; that he failed to give a warning of his approaching machine, though the street was banked with trees and poles; that he was driving the machine without watching the road over which he was passing. All the grounds urged by appellants are mere matters of fact which the trial court was called to determine, and all of which were found adversely to appellants. It is not argued that respondent was guilty of negligence per se or that he violated any statute relating to the manner of operation of the automobile upon the public highway other than the provisions of section 22, subdivision a, of the Motor Vehicle…