Lundy

The plaintiffs brought this action against the defendants, who are sixteen of the regents of the University of California, to recover damages against them, in their individual capacity, for the death of Daniel Lundy, plaintiffs’ father.

It is alleged in the complaint: “ That on and for a long time prior to the sixteenth day of November, 1891, each and all of said defendants were, and from thence hitherto have been and yet are, the regents of the University of California, and during all of said time were acting as such, and exercised the duties and assumed the obligations of such regents, and as the board of such regents.

The case was tried before a jury, and the verdict was in favor of plaintiffs for ten thousand dollars, on which judgment was entered.

At the close of plaintiffs’ evidence the defendants moved for a nonsuit upon the grounds:

The court denied the motion, and whether it erred in so doing or not is the only question presented for decision.

*658 In 1868 an act was passed by the legislature and approved March 23d, entitled “An act to create and organize the University of California.” (Stats. 1867-68, p. 248.)

Section 1 of the act declares that “A state university…