Morehouse v. Ylvisaker

This is an appeal from a judgment for defendant entered on a jury verdict and from an order denying a new trial.

Plaintiff brought an action on behalf of himself and his wife to recover damages for the wrongful death of their son David, age 4. David was struck and killed by an automobile driven by defendant.

On July 10, 1965, plaintiff, headed east, parked his auto about four feet off highway No. 2 at a turnout located near the old Fresno townsite. With him were his wife and four children, ages 2 to 8 years, or nearly 3 to 9. Plaintiff got out of the car and went over to the townsite to look…