Ben v. Pacific Gas & Electric Co.

This action was brought by plaintiff and respondent Lim Ben as the administrator of the estate of Lim Sing Pong, deceased, to recover damages for the death of said decedent, due, it is alleged, to the negligence of the defendant corporation, appellant herein. A jury returned a $15,000 verdict for respondent and from the judgment thereon appeal is taken on the following grounds: (1) that the evidence was insufficient to support the implied finding of the jury that there was actionable negligence on the part of appellant; (2) that decedent was guilty of contributory negligence; and (3) that the court committed error (a) in denying appellant’s motion for a nonsuit; (b) in denying appellant’s motion for a directed verdict; (c) in denying appellant’s motion for a judgment notwithstanding the verdict; (d) in refusing to grant a new trial; (e) in sustaining objections to certain questions asked the witness Worthington; and (f) in the giving of certain instructions.

Decedent, who was twenty-seven years old, married, and the father of one child, was engaged in the laundry business and had an earning capacity of about $150 per month. Just prior to the accident which caused his death he was…