Gallentine

This case was tried without a jury. The court found in favor of the plaintiff and judgment was entered for $12,760. J. M. Gallentine and plaintiff were husband and wife. On the thirtieth day of November, 1929, while a passenger in the automobile of one George Harris, J. M. Gallentine was injured in a collision between the automobiles of the said Harris and the defendant and as a result of said injuries the said Gallentine died. The deceased and plaintiff had been married about thirty-five years. Deceased was fifty-nine years of age at the time of his death, a common laborer earning from $85 to $100 per month. The sole question presented on this appeal is, did the court err in finding that defendant had been damaged in the sum of $12,760, which appellant claims to be excessive. Since the filing of the briefs on appeal the plaintiff, respondent herein, has filed a consent that the judgment may be reduced from $12,760 to $5,000. The question therefore now presented is, would a finding of damages in the sum of $5,000 be excessive. In Zibbell v. Southern Pac. Ry. Co., 160 Cal. 237 , at page 254 [ 116 Pac. 513, 520 ], the court says: “It has been decided by this court that the only…