Bakos

This is an appeal by plaintiff Gust Bakos from a judgment of nonsuit in an action brought by him against the defendants for damages for the death of his minor son.

The complaint alleges that R. T. Kelly operated a heavy automobile oil truck belonging to defendant Shell Company of California, to which was attached a trailer in such a careless and negligent manner as to cause said trailer to collide with said minor child, Jimmie Bakos, who at said time was standing near the pavement of the road, awaiting an opportunity to cross the road in order to reach his home, which was on the opposite side of the road.

The answer of defendants denies any negligence on their part and pleads contributory negligence on the part of the deceased child. The answer also pleads negligence on the part of plaintiff in permitting said child to be upon the streets- or roads unattended.

The evidence shows that plaintiff’s son, Jimmie Bakos, was a child of the age of six and a half years. Between 2 and 3 o’clock on the afternoon of June 2, 1925, Jimmie Bakos, in company with a smaller boy, ran across the school yard towards the traveled and paved highway, leading from the city of Los Angeles to the town…