Cossi

In this action by a father for the death of his ten year old son the jury brought in a verdict for the plaintiff for one dollar. Plaintiff made a motion for new trial, which was denied, and now prosecutes this appeal from the judgment.

On November 11, 1927, mother and son were both killed when an automobile driven by the mother was struck by a railroad train operated by respondents.

In order to pass intelligently upon appellant’s claim that the damages allowed are clearly inadequate under the evidence it is necessary to sketch briefly the fact picture that was before the trial court and jury. Largely from appellant’s own testimony it appears that some time in 1925 his wife, who was the mother of his three children, departed from appellant’s home in San Jose, leaving the three children with him. Appellant commenced an action for divorce in which he asked for the custody of the children. This action was never carried beyond the point of filing the complaint. Sometime in May or June, 1926, appellant’s wife returned to his home for about three weeks, and at the end of that time again departed and took the three children with her. This, he testified, was without his consent. Prom…