Baker v. Berreman

The defendants appeal from an order granting a new trial in an action for damages brought by the parents of John Ventura, who was killed in a collision between an automobile he was driving and one driven by the defendant Berreman. The appeal is now before this court on rehearing, which was granted in order to give consideration to numerous cases not cited in the original briefs, mostly from outside jurisdictions, which involved issues similar to the one here presented.

The accident occurred about 2:30 o’clock on the morning of December 21, 1940, at the intersection of Fremont and Mission…