Hill

This is an appeal from a judgment awarding damages for the death of Elizabeth Hill, the minor daughter of respondent, resulting from injuries received in an automobile accident. The caúse was tried with a jury, which rendered its verdict in the sum of $7,833.

Shortly after 10 o’clock P. M. of the evening of January 24, 1932, respondent, driving a Ford coach, with his wife and their three minor children as passengers, was proceeding in an easterly direction along Cutting Boulevard in the city of Richmond. Cutting Boulevard, at the point where the accident occurred and for a considerable distance in either direction, is a level paved highway, sixty-one feet in width, bounded by fourteen-inch curbs. It runs in a general easterly and westerly direction, being perfectly straight except at a point approximately one thousand feet east of that of the accident, where it “jogs” slightly to the south and then continues in the same previous general direction, but deviating slightly to the north. The accident occurred, although within the city limits of Richmond, neither in a business nor residence district as defined in the California Vehicle Act.

The testimony of respondent and two of his…