Garcia v. Heaton

On June 29, 1946, around 11 p. m. on U. S. Highway 6, which runs in a northerly and southerly direction, about four miles south of Mojave, one R. L. Garcia, a Mexican pedestrian, and son of plaintiffs, met his death when struck by an automobile driven by defendant who was then driving her coupé in a northerly direction. The trial court, sitting without a jury, found that defendant was not guilty of negligence and that deceased was guilty of contributory negligence.

The evidence shows that defendant was proceeding along the highway, the paved portion of which was wide enough for two cars but…