Mosekian

This is an action brought by the heirs of Mosek Mosekian, deceased, to recover damages for his death alleged to have been caused by the negligence of defendant and respondent. The jury returned a verdict in the words and figures as follows: "We, the Jury in the above-entitled action, find for the plaintiffs and against the defendants and assess plaintiffs’ damages in the sum of $0 (nothing).” The plaintiffs appeal from the judgment entered thereon and from an order denying their motion for a new trial. The action arises out of a collision between two motor vehicles which occurred on September 23, 1929, at the intersection of Fruit and Jensen Avenues, public highways in Fresno County, resulting in the death of said Mosek Mosekian.

The appellants base their appeal upon the following grounds: (1) “that the verdict is contrary to law”, and (2) “that there was an insufficiency of evidence to justify the verdict in regard to damages, and that there was a clear abuse of discretion on the part of the trial judge in denying plaintiff’s motion for a new trial by reason thereof”.

The verdict of the jury is a most unusual one and no authorities have been cited, nor do we know of any, which…