Good

Good v. City of San Bernardino

Good Law
1920 Cal. App. LEXIS 240·49 Cal. App. 559·193 P. 790
Court of Appeal of CaliforniaOctober 13, 1920Civ. No. 3352.California2,301 words

Opinion

Lead Opinion

Conrey, J.

This is an action wherein judgment has been rendered, pursuant to the verdict of a jury, against the defendant and in favor of the plaintiff Flossie Good for the recovery of damages on account of the death of Hugh S. Good. Such death was alleged to have been caused by negligence of the defendant. The defendant appeals from the judgment.

As shown by the amended complaint, this action was prosecuted by said Flossie Good, together with Mrs. George Milligan and Joseph H. Good. Flossie Good was the wife of said Hugh S. Good. Mrs. George Milligan was his mother and Joseph H. Good was his father. It was alleged that deceased left no children or grandchildren surviving him, and that plaintiffs were his only heirs at law. The plaintiffs brought the action as such heirs, as permitted under provisions of section 377 of the Code of Civil Procedure. Section 236 of the charter of the city of San Bernardino (Stats. 1905, p. 977) provides that “no claim or demand of any kind whatever shall be the basis or ground for an action or proceeding against the city for the collection or on account thereof, unless a verified claim in writing, clearly specifying the item or items constituting such claim or…

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