Mitsuda
Mitsuda v. Isbell
Opinion
Lead Opinion
Hart, J.
This is an action for damages growing out of a collision by a Ford automobile while being operated by the plaintiff with a large and heavily loaded wagon of the defendants which the latter had left standing on a certain highway in Tulare County. The result of the collision was that the plaintiff’s wife, who was riding with him at the time of the collision, was instantly killed, the plaintiff himself sustained physical injuries, and the car driven by him at the time and of which he was the owner was greatly damaged.
The complaint, charging that the collision and the results thereof were proximately caused by the negligence of defendants, is in five counts, or, in other words, sets up five different causes of action, to wit: 1. For injuries to plaintiff’s person; 2. For damage to his automobile; 3. For loss of services of his wife; 4. On account of expenses “for sanitarium service and medical aid”; 5. “For undertaker’s charges and funeral expenses for his wife.” The aggregate amount of damages claimed by plaintiff in his complaint for the several injuries which thus he alleged he received by reason of the collision is the sum of $13-,463.15.