Kerrison

In the forenoon on August 29, 1931, the defendant William Unger was driving an automobile southerly from -San Francisco toward San Mateo, for the purpose of locating employment. The automobile was owned by his sister and her husband, Ann U. Daniels and. Benjamin F. Daniels, who had loaned to their co-defendant the automobile for the purpose of making the trip. When approaching Mount Olivet Cemetery the defendant Unger struck Clara E. Kerrison, knocking her down and causing such injuries that she died shortly thereafter. For damages suffered by them the plaintiffs, one son and four daughters, commenced this action. . All of the plaintiffs are adults, the youngest one being thirty-four years of age. All of the defendants answered and from a verdict in favor of the plaintiffs they have appealed.

The defendants present four points. The first and third are but different methods of presenting the contention that there is no statutory authority authorizing the plaintiffs to maintain this action. Section 377 of the Code of Civil Procedure is as follows: “When the death of a person not being a minor is caused by the wrongful act or neglect of another, his heirs or personal representatives…