Little

This is an appeal by the defendant from a judgment for $5,000 against him in an action brought to recover damages for the death of the daughter of plaintiffs. It is alleged that said death was caused by the negligence of defendant in driving an automobile in the city of Oakland, California.

The accident happened at the intersection of Moraga Avenue and Pleasant Valley Avenue. Moraga Avenue enters Pleasant Valley Avenue with a sharp, curve. At about 8 o’clock in the morning on November 15, 1922, the defendant drove a Ford automobile down Moraga Avenue and into its intersection with Pleasant Valley Avenue at a speed variously estimated at twenty and twenty-five miles an hour. He came down quite a grade as he approached this intersection and did not sound any warning signal as he descended the hill, approached the intersection or rounded, the curve.

Dorothy Little, the twenty-one year old daughter of plaintiffs, was crossing Moraga Avenue at the intersection and was struck and dragged by defendant’s automobile, suffering injuries from which she died in a few days.

Another feature of the case is that along the curb at the intersection of the streets are twelve trees, which at the…