Whiteman

The action was for damages for the death of a minor son of plaintiff, alleged to have been caused by the negligence of defendants. The portions of the amended complaint necessary to an understanding of the contentions of the parties are as follows:

“That on the 1st day of March, 1918, about the hour of 7 o’clock P. M., the said Boy W. Whiteman was being driven with due and proper care in a ‘Ford Automobile’ by one Jesse Selvester in a Southerly direction, along and over that certain public road and highway, in the County of Shasta, State of California, known as the Anderson-Bedding Boad and Highway . . .

“That the defendants and each of them on the said 1st day of March, 1918, by their agents and servants, wrongfully, carelessly and negligently left and voluntarily permitted to remain in and upon said road and highway, in said Supervisor District No. 1, certain sacks of cement and material for construction work, thereby obstructing said highway, by leaving said sacks of cement in and upon said road and highway and negligently suffered said sacks of cement and material to remain thereon and thereover obstructing said highway and road, during the night time of said day; and to…