Bloxham

Plaintiff seeks to recover damages for the death of Oscar Cole, her minor son, who, it is alleged in her complaint, lost his life through defendant’s negligence while in its employment. The cause was tried by the court with a jury and plaintiff had a verdict for $2,157.25, on which judgment was accordingly entered. Defendant moved for a new trial, which was denied, and it appeals from the order.

It is alleged in the complaint that at the time of his death the said Oscar Cole was of the age of eighteen years; that his father was John N. Cole, who deserted plaintiff, his then wife, more, than ten years ago, and that she obtained an absolute divorce from him. It elsewhere appears that plaintiff subsequently married one Zell Bloxham, who was living with her as her husband when the accident occurred, but that they were separated when the action was commenced and tried.

The circumstances attending the accident are thus alleged: “That on or about the twentieth day of November, 1911, and at the time of the death of the said Oscar Cole, he was an employee and in the employ of the Tehama County Telephone Company, in the capacity of a general telephone lineman, and at the time of his said…