Frazzini

This action was brought by the plaintiff Damiano Frazzini against Louise Cable and C. F. Cable to recover damages for the death of his minor son, Renardo Frazzini, through the alleged negligence of the Cables. The cause was tried by the court without a jury, findings of fact and conclusions of law were filed and judgment thereon entered in favor of the plaintiff and against defendant Louise Cable in the sum of $10,500. From the judgment said defendant Louise Cable appeals.

The judgment is silent concerning the defendant C. F. Cable. There is no appeal by him. The action is brought under the provisions of section 376 of the Code of Civil Procedure.

The first point which requires consideration is appellant’s contention that the plaintiff is not a proper party plaintiff. This claim arises from the following undisputed facts appearing in the record: The plaintiff Damiano Frazzini and one Josephine Frazzini were married on January 12, 1905, in the city of Denver, state of Colorado. The issue of said marriage was six children; the father and mother separated. The father came to California with one of the sons named Albino, and they have both resided in this state since that time. On…