Tuten v. Town of Emeryville

In a trial before a jury the plaintiff had a verdict for $9,600 damages for the death of her husband. The facts are not disputed in so far as they relate to the issues raised on this appeal. Plaintiff ’s husband was struck by a motorcycle operated by one Hoy, a member of the Emeryville police department. The complaint alleged and the answer admitted that Hoy was then acting within the course and scope of his employment. The undisputed evidence is that he was endeavoring to overtake a “speeder”. When Tuten and a companion prepared to cross the street the companion saw the “speeder” and heard…