Anderson

Plaintiffs Nola Anderson and Stanley Orme brought this action to recover damages for the wrongful death of their father, Fred Orme. The complaint alleged that defendant William Katz, a minor 19 years of age, had driven an automobile so negligently as to cause it to strike and kill plaintiffs’ deceased. It was further alleged that defendants Sam and Tillie Katz, the parents of the minor defendant, had permitted him to use their automobile and had signed his application for issuance of a California operator’s license. Defendants answered, denying negligence and raising the defense of contributory negligence on the part of plaintiffs’ deceased. After a trial by jury, verdict and judgment were for defendants. Plaintiffs appeal from the judgment and from the order denying their motion for a new trial. The latter order is nonappealable. (Hamasaki v. Flotho (1952) 39 Cal.2d 602, 608 [ 248 P.2d 910 ]; Rodriguez v. Barnett (1959) 52 Cal.2d 154, 156 [ 338 P.2d 907 ].)

The evidence most favorable to the judgment reveals that on September 12, 1958, at approximately 6:45 p.m., Wil *337 Ham Katz was driving his parents’ 1948 Ford sedan in a westerly direction down Kirkham Street. He had turned…