Rios v. Bennett

This is an action for damages for the wrongful death of a pedestrian in an automobile accident.

The decedent, Jose M. Rios, on the night of January 12, 1946, after consuming a bottle of beer, left a restaurant on the north side of 5th Street in the city of San Bernardino, intending to go to his residence across the street and a short distance west. Luther Gonzales, a witness called by plaintiff, testified that he saw the decedent somewhere around 11 o’clock p.m. walking west on the sidewalk on the north side of 5th Street approximately 50-75 feet in front of the witness; that decedent, when…