Olson

In this action the plaintiff had judgment against the defendant in the sum of $7,500 as damages for the death of the plaintiff’s husband, Neis Olson, caused by an automobile driven by the defendant. From this judgment the defendant appeals.

The complaint in this action alleges that on or about the seventeenth day of May, 1931, while Neis Olson, the husband of the plaintiff, was walking westerly on the southerly side of a certain road or street known as Los Palmas Avenue in the town of Patterson, Stanislaus County, he was struck down and instantly killed by a certain Ford truck then and there owned and being driven by the defendant, carelessly, recklessly and negligently. The plaintiff then asked for damages, and was awarded, by a jury, the sum above named.

No question is made upon this appeal that the evidence is not sufficient to support the verdict. No testimony is printed in the brief of appellant, nor as an appendix thereto, nor is any reference made to the transcript relative to the testimony, other than that relating to the introduction of certain photographs. Errors in the admission of testimony and in the instructions given by the court to the jury are relied upon only…