Rose

S. C. Rose and Eleanor McIntosh were the husband and mother respectively of Margaret Rose. They brought this action for damages for the death of Margaret which resulted from injuries received in a collision between two motor vehicles on the twentieth day of December, 1930, in the intersection of Sigsbee and Newton Streets, both public thoroughfares in the city of San Diego.

The cause of action finds its source in the provisions of section 377 of the Code of Civil Procedure. One of the issuable facts is whether respondents are the only heirs at law of Margaret Rose, deceased.

The San Diego Electric Railway Company is a corporation operating a railway and motor bus transportation system in the city of San Diego as a common carrier of passengers. On the day of the accident- Mrs. Rose was a passenger in one of its busses. James L. Owen, an employee of the railway company, was driving this bus northerly on Sigsbee Street. At about the same time Q. D. McClard was driving a small automobile in an easterly direction on Newton Street. Both vehicles were on their own right-hand sides of the streets. The automobile came into collision with the bus, striking it at about the center of its…