Blodget

This action was brought by the plaintiff as administratrix, to recover for the death of her husband, D. Newton Blodget, which resulted from an automobile accident which occurred between 9 and 10 o’clock on the morning of March 26, 1929. At that time the defendant May, who was an employee of the defendant Preston, was driving a Ford truck north on Arrowhead Avenue in the city of San Bernardino. Some 40 or 50 feet north of the intersection of this street with Twenty-first Street, the truck driven by May ran into Blodget, at a point about five feet from the east curb of Arrowhead Avenue. At the time he was struck, Blodget was pushing a lawn mower and had certain garden tools over his shoulder. There was evidence that after he was struck, Blodget was carried on the fender of the car to a point about 140 feet from the point of impact, in a northwesterly direction, to approximately the center of Arrowhead Avenue where the automobile stopped and Blodget dropped to the pavement. At the conclusion of the evidence the court granted a motion for a directed verdict and instructed the jury to bring in a verdict in favor of the defendants, which the jury did. This appeal is from an order…