Tolley

T his action was brought by Bertha Belle Tolley, widow, and the other plaintiffs, children, of Walter Ennor Tolley, deceased, to recover damages resulting from his death due to the alleged careless and negligent operation of an automobile stage owned by the defendant, Pickwick Stages, and driven by the defendant Engert, as its servant and employee. The complaint further alleges in substance that as deceased, mounted upon a bicycle, was passing southerly along the right-hand side of a public highway at or near its intersection with Santa Inez Avenue in the city of San Mateo, a passenger automobile stage driven by Engert was moving southerly, directly behind said decedent; and that thereupon the defendant Engert while driving the stage recklessly and at an unlawful rate of speed, attempted to pass decedent, who was struck, run upon and killed by the stage. The owner denies the negligence charge and also sets up contributory negligence. The verdict was in this form: “We, the Jury . . . find for the plaintiff, Bertha Belle Tolley, and against the defendant, Pickwick Stages ... in the sum of One Thousand Dollars and we exonerate the driver, M. V. Engert.”

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