Dermer

This is an appeal from a judgment rendered upon a verdict of $3,500 secured as damages on account of the death of plaintiff’s son, which resulted from an automobile casualty while the boy was riding in the machine as a guest.

On November 25, 1928, at 7 o’clock P. M., Simon Dermer, Jr., the son of plaintiff, aged nineteen years, was riding as a guest with the defendant August Pistoresi along the highway near Madera, in the Chevrolet automobile belonging to the defendant Creuffe Pistoresi. The machine was running at the rate of speed of about 30 miles an hour. It was dark. The headlights illuminated the highway 150 feet ahead of the car. Reaching a turn in the roadway, which the driver failed to see, the machine ran into the embankment at the side of the highway and overturned. Regarding this inattention and failure to observe the curve in the roadway the driver testified: “I could have seen it, but I didn’t see it. ... I knew it was there, but I did not know I was there with the car yet.” Simon Dermer, Jr., was caught beneath the overturned car and sustained fatal injuries, from which he died two days later. An action for damages was instituted. A jury trial resulted in a judgment…