Todd

A boy, nine years of age, brought this action, by his guardian ad litem, to recover damages for personal injuries caused by an automobile driven by defendant. The case was tried by the court without a jury. Judgment was given for defendant, and plaintiff appeals therefrom.

The accident occurred on Monte Bella Road, which, east of the city limits of the city of Los Angeles, is an extension of Stephenson Avenue, and runs in an easterly direction from the city limits. It is crossed by Bonnie Beach Place. It was at a point thirty to forty feet east of the easterly line of Bonnie Beach Place, and approximately in the center line of Monte Bella Road, that defendant’s automobile collided with plaintiff. The complaint alleges the negligence in general language, as follows: “On the third day of June, 1915, the defendant . . . operated, guided, ran, and conducted said automobile in such a careless, negligent, reckless, wrongful, and unlawful manner that said automobile . . . ran into, upon, and over the plaintiff.” It also is alleged in the complaint that ‘ ‘ at the time of said accident, said plaintiff was a child of tender years, and it was without any fault on his part that caused or…