Crooks

The plaintiffs W. L. Crooks and Fannie Crooks, husband and wife, brought this action against the defendant Henry White for damages for causing the death of their adult son, Walter Crooks.

The ease was tried before a jury, which returned a verdict for defendant. From the judgment entered upon this verdict the plaintiffs prosecute this appeal.

On the night of June 18, 1928, defendant was driving his father’s automobile from Oakland to Benicia, and Walter Crooks, the deceased, was riding in said automobile as the guest of defendant. When they reached a point on the highway near the town of Pinole the car turned over and Walter Crooks received injuries from which he died on July 10, 1928. The accident happened about 11:30 P. M. and there were no witnesses to the accident other than the occupants of the car.

*307 The defendant gave the following version of the accident: “After leaving that cut, there was a stretch in the road that has been filled in, to bring it up to the level and graded, and just as I got around the turn, I saw there was nobody ahead of me so I went to pass a machine that was in front of me, and in so doing my left wheel got off the side of this bank which comes…