Rubin

Appellee brought an action in the superior court of California for the wrongful death of her two sons, and prayed for damages in the amount of $50,000. Appellee was á resident of Missouri and appellant a resident of Oklahoma. On petition of appellant the case was removed to the federal district court and the jury brought in a verdict for the appellee. Judgment was given for $6,482.50 for the death of her minor son and $1,982.50 for the death of the other son. From this judgment appellant appeals.

The accident out of which the suit arose occurred in Missouri and both parties agree that the Missouri law governs. The two sons of appellee were driving a truck loaded with lumber at- the time of the accident. It was struck by a car driven by a friend of appellant, a Mrs. Pullman. With her in the car was appellant’s wife and daughter. Both sons were killed, as was the wife of appellant and the friend driving the car.

It is agreed that the law of Missouri provides that the owner of the car is liable only when the car is driven by an agent. 1 There is no liability on the owner when the car is driven by some one not his agent, even though permission to drive is given.

Appellant appeals…