Taylor

The decedent, Anton Bozich, also known as Anton Bozic, while acting in the course of his employment by the defendant on March 25, 1911, received injuries which caused his death within a few days thereafter. Upon the theory that the injuries causing death were due to the negligence of defendant, this action was brought by the administrator of his estate, on behalf of his mother, Helena Bozic, alleged and shown to be his sole heir at law, and alleged to be wholly dependent upon him for subsistence and support, and damaged by his death. When at the trial plaintiff concluded his case, a motion for a nonsuit was made by defendant substantially on the grounds, first, that section 1970 of the Civil Code vests no right of action in a nonresident alien; second, that the statute provides for the recovery for the benefit of dependent parents only, and that the evidence fails to show that Helena Bozic was a dependent parent within the meaning of that section; third, that there was a total insufficiency of the evidence to show any negligence on the part of defendant, etc. The learned judge of the lower court indicated that he thought the third ground not well taken and the first ground, well…