Clark v. Tulare Lake Dredging Co.

This is an action for damages for the death of a minor son of plaintiff, alleged to have been caused through the negligence of the defendant, a corporation.

The cause was tried by jury. The plaintiff, in her complaint, claimed! damages in the sum of $10,000. The jury, however, returned a verdict for the sum of $5,000, for which amount the court entered judgment in favor of plaintiff.

This appeal is from the judgment so entered and from the order denying defendant a new trial.

The general points made by appellant are that the evidence does not support the verdict; that the court erred, to the prejudice of defendant, in the admission and rejection of certain testimony, and that the court erred, to defendant’s damage, in giving and refusing to give certain instructions and by the modification of others which were requested by defendant.

The specific contention with respect to the specification of the insufficiency of the evidence to uphold the verdict is that the proofs disclose that the proximate cause of the accident by which the deceased received the injuries culminating in his death was his own negligence, and upon this ground a motion for a nonsuit was, upon the close of the…