Martine

This appeal is taken from a judgment of nonsuit entered in an action brought by Irving W. Marline against Carl Ingalls in his personal capacity, and also as doing business under the firm name and style of Commercial Transfer Company, to recover damages for the death of his son, John Irving Martine, alleged to have been caused by the negligence of the respondent on the third day of March, 1924.

At the time of his untimely death the youth was but a few months past sixteen years of age and he was employed in the messenger service of the Western Union Telegraph Company, at the city of Bakersfield, this state. While thus employed he was crushed to death upon being thrown from or after falling from a bicycle which he had been riding by a truck drawing a trailer operated by E. L. Verrell, an employee of respondent, passing over his body.

At the time the accident occurred the paved roadbed was wet from intermittent showers. The accident, as recounted by the witnesses, occurred while both the driver of the truck and the deceased were traveling northerly on Union Street, near the point where said street is intersected by Sumner Street. The combined length of the truck, coupling, and…