Lyons
Miller v. Lyons
Opinion
Lead Opinion
—This is an appeal from a judgment of the superior court of the county of Los Angeles awarding to the plaintiff damages in the sum of ten thousand dollars for the death of her husband, George Miller, caused by the alleged negligence of the appellant’s employees. The ease was tried by the court without a jury.
In appellant’s brief the sole ground of the appeal is thus stated: “We insist that there is no evidence whatsoever justifying the judgment, and that it is against the weight of all of the evidence. This is our sole basis for appeal.”
The casualty occurred after dark and at about 7:30 o ’clock on the evening of November 7, 1922. At the time of the accident the deceased, an oil-well worker, was driving a Dodge automobile along Norwalk road, a highway having a paved surface twenty-two feet wide, in a southerly direction and at a speed of approximately twenty-five miles an hour. Norwalk road is intersected at right angles at a certain point by a narrow road approximately fifteen feet in width. The employees of the appellant were operating a truck upon said Norwalk road in a northerly direction just prior to the accident. The truck was twenty-four feet long and carried a steel…