Wong Kit v. Crescent Creamery Co.

This is an action for damages in the sum of twenty-five thousand dollars for the death of plaintiff’s minor son, Wong Fook Sam, who, it is alleged, was killed through and by the negligent act of an employee of the defendant. By their verdict, the jury, by whom the case was tried, awarded plaintiff damages in the sum of five thousand five hundred dollars, for which amount judgment was entered in his favor.

The appeal, supported by a bill of exceptions, is by the defendant from the judgment so entered.

At the time of the accident resulting in the death of the child the defendant was engaged in the creamery business in the city of Los Angeles. The salient allegations of the complaint are:

The answer denies the material averments of the complaint and pleads contributory negligence upon the part of the deceased and also on the part of the plaintiff, the father of the deceased. As to the charge that the deceased was guilty of contributory negligence which, it is alleged, was the proximate cause of the accident in which the minor lost his life, the answer avers that he (said minor) “did not exercise ordinary care or any care at and about the time and place of the accident; did not…