Gibbons v. City of San Bernardino

Plaintiff Rosemary Gravatt Gibbons appeals from a judgment of nonsuit in favor of defendant Herz Paving Company in an action for the wrongful death of plaintiff’s 20-year-old son, Charles Gravatt. The action was filed by the appellant and one Harry R. Berkheimer against the City of San Bernardino, its mayor, councilmen, and street superintendent, and Herz Paving Company, a copartnership. Prior to trial, a covenant not to sue was executed by - the city and each of the plaintiffs, pursuant to which the record indicates that the sum of $12,000 was paid by the city to plaintiffs. The city, its…