Kroll

Kroll v. Rasin

Good Law
1928 Cal. App. LEXIS 442·96 Cal. App. 84·273 P. 820
Court of Appeal of CaliforniaDecember 31, 1928Docket No. 6254.California1,865 words

Opinion

lead Opinion

Knight, J.

Henry Bell, aged sixty-two years, and his wife, Alma Bell, aged fifty-four years, were run down and killed while walking across East Fourteenth Street, Oakland, and their children, all of whom but one had attained majority prior to the happening of the accident, joined in bringing two actions for damages on account of the death of each parent. The two cases were tried together before a jury, and a verdict of $7,500 was rendered in each case, but on motion for a new trial each verdict was reduced to $3,750, and from the judgments entered for those amounts the defendant has appealed.

The accident happened about 7 o’clock in the evening on East Fourteenth Street at its intersection with Thirty-eighth Avenue. Mr. and Mrs. Bell started from the north curb of East Fourteenth Street to walk southerly across the street in the regular pedestrian path, but soon after leaving the curb they were struck simultaneously by an automobile traveling westerly along East Fourteenth Street. Mrs. Bell’s body was hurled upon or near the street-car tracks in the middle of the street, and Bell’s body was found some twenty-five or thirty feet distant westerly.

There are four different automobiles…

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