Briggs

On December 31, 1925, shortly after the noon hour, Mrs. Edna W. Briggs was walking along the sidewalk in front of a lot situate on the corner of Inyo and Fulton Streets, Fresno, which was being operated as a sales place for used automobiles, when the defendant Lani, accompanied by the defendant Dendinger, attempted to drive an automobile across the sidewalk from the street into an open gateway at the corner of said lot, and in doing so struck Mrs. Briggs, inflicting injuries of an internal char.aeter from which she died the same day. This action was subsequently commenced by her surviving husband and three children to recover damages resulting from her death. Upon trial a jury awarded a verdict in their favor and from the judgment entered thereon the defendants Jess Mead, Incorporated, and Dendinger have appealed, urging as grounds for reversal that the evidence is insufficient to sustain the verdict and that the trial court erred in ruling upon the admissibility of evidence and in instructing the jury.

The first point made against the sufficiency of the evidence relates to the issues of the negligent operation of the automobile and the contributory negligence of the deceased.…