Schilling

In this action the plaintiff had judgment in the sum of $5,000 in an action brought to recover damages for the death of a minor daughter named Iva May Schilling. From this judgment the defendant appeals.

In most particulars this is a companion case with that of Helen P. Bennett v. Central California Traction Co., a Corporation, heretofore decided by this court in an opinion filed on the thirteenth day of June, 1931 (ante, p. 1 [ 1 Pac. (2d) 47 ]). The cause of action in this, as in the Bennett case arises out of a collision between a street-car owned by the defendant, and' an automobile in which the plaintiff was riding. As stated in the Bennett case, the collision occurred at the intersection of Fifteenth and X Streets in the city of Sacramento, at about 9 o’clock on the evening of February 14, 1929. For a detailed description of the circumstances attending and surrounding the collision, we refer to the opinion in the Bennett case. Here, as in the Bennett ease, the argument is made that the testimony does not support the verdict, and that the death of Iva May Schilling, which resulted from the collision, was •caused by the sole negligence of the driver of the automobile.

It is…