Coughman

The plaintiff in this action, the widow of D. A. Coughman, deceased, had judgment against the defendant in the sum of $5,000 damages for the death of said D. A. Coughman, alleged to have been caused by the negligence of the defendant. From this judgment the defendant appeals.

The appeal is also taken from the denial of the defendant’s motion for a new trial. As no appeal lies from an order denying a motion for new trial, the appeal, in so far as it purports to he taken from such denial, is hereby dismissed.

The complaint alleges that on or about the thirtieth day of December, 1931, the defendant, while proceeding in a westerly direction on the Los Banos highway, a public highway in the county of Merced, near the intersection of the Los Banos and El Nido roads, drove and operated a certain Chevrolet automobile in a careless and negligent manner, and without the exercise of due care and skill, so that said automobile ran into and instantly killed D. A. Coughman, the husband of the plaintiff in this action. The incident which we have just mentioned occurred at about 5 :30 o ’clock P. M. on the day mentioned. The cause was tried before a jury, which returned a verdict in favor of…