Walton

The plaintiff commenced an action against the defendant to recover damages for personal in juries which caused the death of the minor child of the plaintiff. She framed her complaint in three counts. At the end of the plaintiff’s case the trial court granted a non-suit as to the second cause of action and the plaintiff has appealed from that order.

On the 19th of June, 1922, Arthur M. Guenin, as the agent of John Jeel, was driving a truck from Hayward toward Fresno on the state highway in the neighborhood of Livermore. Morgan Walton, a young boy, was a guest riding on the truck with him. Guenin was sitting on the left-hand side of the seat at the steering wheel. Walton was seated on the seat on the right-hand side. At about 7:30 in the evening at a point .three or four miles east of Livermore they were traveling on a pavement in the middle of the roadway. The pavement was fifteen or sixteen feet wide. At that point they had been putting patches in the pavement and had erected barricades to protect the patches until they became dry. The barricades were three and one-half to four feet high. They were painted- white. The barricades extended probably an eighth of a mile along the…