Malloway

Plaintiff Allan Malloway, aged four years and ten months, while attempting to cross a street in Monterey, about 10 o’clock on the morning of the 4th of July, 1930, was struck and injured by an automobile owned by the defendants James Hughes and Mabel R. Hughes, and driven by their daughter, the defendant Betty Hughes, aged sixteen years, and through his guardian ad litem brought this action to recover damages for the injuries sustained. The action was tried before a jury, which rendered a verdict in favor of the defendants, and judgment was entered accordingly. Subsequently, on motion of plaintiff, the trial court granted a new trial on the grounds of insufficiency of the evidence to justify the verdict, and from such order the defendants appeal.

The accident occurred at the intersection of High and Harriet Streets, which are forty or forty-five feet wide. The former runs in a northerly and southerly direction, and the middle, traveled portion thereof is paved with rock and asphalt. Between the sidewalk and the curb there is a strip planted to grass. Harriet Street is unpaved, and is without curbs or sidewalks in the vicinity of the intersection with High. The grade of neither…