Bieser

The plaintiff Joe M. Bieser brought this action against Kathryn E. Davies, doing business as Owl Taxi Company, for damages for the death of his minor son, Charles J. Bieser, caused by having been struck by an automobile driven by the agent of defendant. A fair statement of the evidence in the record shows:

That Charles J. Bieser, the minor, was of the age of five years and two weeks at the time he was killed. The driver of the taxicab was one Arthur Williams. The impact which resulted in the child’s death occurred on South Garnsey Street in the city of Santa Ana, California, at a point about midway of the block, and about the middle or a little to the left of the center of the street. The paved portion of the street is 37 feet wide; the parkway 11% feet; and there is a sidewalk 5 feet wide next to the parkway. The only thing in the parkway was grass and trees. The trunks of the trees, except two small ones, were 8 inches to 12 inches in diameter, but were trimmed up to 7 or 8 feet. There was nothing to obstruct the vision of the driver of an automobile on the street at the place of the accident. The accident happened about 10 o’clock A. M. and there was no other traffic in the…