Drouillard

This action was for damages for the death of Edward Drouillard, a minor, and the verdict of the jury was for the plaintiff in the sum of seven thousand dollars. The accident occurred at a grade crossing just outside the town of Durham while the deceased was in the employ of one Thomas Pimple, the former riding on the back seat of an automobile driven by the latter. The machine was struck by a detached locomotive in charge of and being driven by the defendant McKnight while on his way from Chico to Rose-ville. Pimple and young Drouillard were the only occupants of the machine, and they were both killed by the collision, the former’s body being found about 150 feet from the point of the accident and the latter being carried on the cowcatcher for a distance of 1,113 feet, and dying within a few minutes after being taken therefrom.

There is abundant evidence of the negligence of appellants. Indeed, with commendable candor their able counsel concede that the finding of the jury in that respect is legally supported. The ease seems to have been tried with unusual care, and not a single ruling of the court as to the admissibility of evidence, nor is its action in reference to the…