Barry

This is an action for damages for the death of a minor son. Defendant appeals from a judgment for plaintiffs.

Facts

On October 8, 1955, near 1 a. m., Richard Barry, age 15, was riding as a passenger in a Chevrolet automobile in a southerly direction on Harbour Boulevard about one mile south of Talbert Road in Orange County. His companions were Carl Woodcock and Ronald Edmison, age 17 (called Edmundson in reporter’s transcript). Edmison drove. Suddenly another automobile, which was stopped in Edmison’s travel lane, loomed up in front of him, 100 to 125 feet away. Edmison saw no lights on that car. Edmison’s car struck the parked car, a Plymouth two-door sedan, in the rear, before he had time to remove his foot from the throttle. The driver and owner of the Plymouth was appellant’s deceased, James Man *337 ning. A passenger, Oscar Sonsteng, was with Manning. Both Manning and Barry were killed. While conflicts appear in the evidence, our statement o£ facts recognizes the rule that all conflicts must be resolved in favor of the judgment. (Butler v. Nepple, 54 Cal.2d 589, 597 [7] [ 6 Cal.Rptr. 767 , 354 P.2d 239 ].)

Attendant evidence showed considerable drinking of alcoholic…