Simmons

This is an appeal by the defendants from a judgment rendered against them in an action brought by the surviving widow and children of Frank Henry Simmons to recover damages on account of the death of the said Frank Henry Simmons, who was struck and instantly killed by an automobile driven by one of the employees of the defendants. The court, sitting without a jury, awarded plaintiffs a judgment in the sum of three thousand dollars.

Appellants contend that the evidence is insufficient-to support the findings, and that the court erred in admitting certain evidence. There is no merit in either of appellants’ points.

[1] The evidence in many respects is conflicting, but there is ample proof in the record to support the findings of the trial court that the deceased met his death through the negligence of the driver of the automobile. The accident occurred on January 4, 1918, at about the hour of 7 o’clock in the evening, at or near the intersection of Seventh and Ceres Streets, in the city of Los Angeles. The automobile at the time of the accident was being operated as a stage between San Diego and Los Angeles, and was on the in-bound trip going toward Los Angeles. Seventh Street…