Christensen

This is an action tó recover damages for the death of the mother of the plaintiff minor. The events because of which Mrs. La Paughl lost her life occurred upon a dark and very rainy night, on Twenty-third Street, near its intersection with Oak Street, in Los Angeles. A truck driven by defendant Watkins was proceeding westward on the numbered street, the driver having with him as a passenger one Howeth. When the vehicle had gotten about fifteen feet west of the intersection its right front fender struck Mrs. La Paughl, who was seen by neither Watkins nor Howeth until the moment of the impact, and knocked her to the pavement.

The plaintiffs had judgment and the corporation defendant, the employer of Watkins, appeals.

The following statement of a part of the testimony of Watkins appears in the brief of respondents, the. italics being those of the brief:

Immediately after Mrs. La Paughl was run over by the Ford car she was taken to a residence near at hand. She never recovered consciousness and died that same night. She was seen by several persons after the accidents and during her unconsciousness, and her body, of course, was seen by some persons after her death. A number of these…