Bowen

Bowen v. Kizirian

Good Law
105 Cal. App. 286·1930 Cal. App. LEXIS 804·287 P. 570
Court of Appeal of CaliforniaApril 18, 1930Docket No. 274.California2,433 words

Opinion

Lead Opinion

Barnard, J.

This action arose out of a collision between two automobiles, one driven by Allen B. Bowen, in which his wife, Hazel E. Bowen, was a passenger, and the other driven by one of the defendants, who was accompanied at the time by the other defendant, who was the owner of the car. As a result of the accident Hazel E. Bowen was almost instantly killed.

This action was brought under the provisions of section 377 of the Code of Civil Procedure by Allen B. Bowen, both individually, and as guardian ad litem of June Charlotte Bowen, an infant of the age of twenty-one months, the daughter of Allen B. Bowen and his deceased wife. The case was tried without a jury, and the court found that the collision was the result of negligence on the part of the defendant Simon Kizirian, coupled with the contributory negligence of the plaintiff, Allen B. Bowen. Recovery was therefore denied to Bowen in his individual capacity, but the court awarded damages to the minor plaintiff in the sum of $1,000. The court found that the said minor was free from any negligence proximately contributing to or causing the death of the deceased; that the deceased was free from negligence proximately causing or…

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