Hauskins
Hauskins v. Frank H. Buck Co.
Opinion
Lead Opinion
This is an action brought by respondent against appellant to recover damages arising out of the death of her husband, who was killed in a collision between his bicycle and the automobile driven by appellant Davis, an employee of appellant Frank H. Buck Company. The trial was before the court, and judgment was entered in favor of plaintiff in the sum of $9,500. This appeal is taken from the judgment.
The trial court found that appellants were guilty of negligence, and that there was no contributory negligence upon the part of decedent. A reversal is sought upon the ground that such findings are not supported by the evidence, and upon the further ground that the court erred in denying a motion for nonsuit,
The facts in this case are as follows: The so-called Acampo-Lockeford road, a public highway in the county of San Joaquin, state of California, runs in a general easterly and westerly direction and intersects the tracks of the Central California Traction Company at a place commonly known as Youngstown station, some few miles north and east of the city of Lodi. Several packing and loading sheds are maintained at Youngstown'station by concerns engaged in the fruit shipping and…