Leal v. Martin

Plaintiffs appeal from a judgment in favor of defendant' in an action for damages for the death of plaintiffs’ son, caused by having been struck by an automobile driven by defendant on the public highway. The appeal is taken under the provisions of section 953a of the Code of Civil Procedure.

The grounds of appeal, as stated by appellants in their brief, are that the respondent was guilty of negligence because at the time of the accident he was operating his automobile in the vicinity of a schoolhouse at such a rate of speed that he could not stop the same in less than thirty feet; that he…