Armas

Plaintiffs sued for damages as heirs of Louise Armas, who was killed when struck by an automobile operated by a member of the fire department of the defendant city. The cause was tried by the court without a jury and the plaintiffs had judgment for $5,000. The appeal is taken on typewritten transcripts.

The appellant presents four grounds of appeal—insufficiency of the evidence to support the finding of negligence; insufficiency of the evidence to support the finding that deceased was not guilty of contributory negligence; excessive damages; and that section 1714½ of the Civil Code imposes no liability on cities for negligence in the operation of authorized emergency vehicles.

The motor vehicle causing the death was the property of the City of Oakland and was operated by the fire department of the city, being assigned to the battalion chief of the department. At the time of the accident it was being operated by a member of the department named Wainwright, who was carrying Chief Kispert to a fire in the Key Route Inn, located at Twenty-second and Broadway in the City of Oakland. The accident occurred at 3 o’clock in the afternoon of December 8, 1930,- with the visibility clear.…