Hunt

An appeal by the plaintiff from a judgment entered on a directed verdict in favor of defendant Los Angeles Bailway Corporation.

The plaintiff was the father of Gillard Hunt, a minor, who was run over and killed by a motor-bus operated by the defendant. The complaint alleged that his death was due to the negligent operation of the bus; the defendant denied the. negligence alleged, and as. a separate defense .averred contributory negligence on the part of the minor. At the close of the evidence the court on motion directed the jury to return a verdict for the defendant.

It is urged as grounds for the appeal that in view of the evidence the case should have been submitted to the jury.

The accident happened on September 15, 1925, at about 5 o’clock P. M. The boy, who was- about eleven years old, was riding a bicycle in a southerly direction along LaBrea Avenue in Los Angeles. The motor-bus was following him on the same avenue and at a point between Eighth and Ninth Streets, which intersect the avenue, overtook him. The testimony was conflicting as to whether the boy fell to the pavement in front of the bus, or turned the bicycle to the left so that he was struck by the vehicle. The…