Montanez

Motion to affirm judgment for failure to print pertinent portions of transcript. The action is for negligence.

Sixto Hernandez met his death in 1926, having been struck by an automobile driven by the defendant, Elizabeth Morton Beard, who was, at that time, on business of her father, defendant George H. Morton. The plaintiff is the adult sister and sole heir at law of the deceased and brings the action under section 377 of the Code of Civil Procedure.

At the conclusion of the plaintiff’s case a motion for non-suit was made upon two grounds: First, the absence of a showing of negligence; second, the absence of a showing of pecuniary loss suffered by the plaintiff. The motion was denied on the first ground but granted on the second, and judgment passed for defendants. The appellant has filed a ten-page brief, setting up generally the facts of the case, the making of the motion for nonsuit, the grounds therefor and the action of the court thereon, with appropriate references to the transcript. It then sets up a portion of the evidence upon which plaintiff relies to show that a pecuniary loss was suffered by her in the death of the decedent. The brief, concededly, does not purport…