Wing

This is an appeal by plaintiff from a judgment in favor of defendant in an action for damages for the death of plaintiff’s intestate Ching Wing Sing.

Ching Wing Sing was killed at a street crossing in the city of Los Angeles by being struck by an automobile truck driven by defendant.

Plaintiff alleges that deceased was killed through the negligent and careless operation of said truck by defendant. Defendant denies any negligence on his part and pleads in his answer and contends that deceased came to his death by reason of his own negligence and carelessness.

The case was tried by the court sitting without a jury, and the court found that deceased met his death by reason of his own contributory negligence, and rendered judgment accordingly.

Appellant contends that this finding is not supported by the evidence and that the evidence shows that respondent was guilty of gross negligence which caused the death of deceased.

The question of the contributory negligence of deceased, like that of the negligence of defendant, were questions of fact for the trial court to determine from all the evidence in the case. When the facts are clear and undisputed, and when no other inference than…