Escobedo v. Ward

McAllister, j.

This is an action brought by Gonzalo Escobedo to recover damages for the death of his seven-year-old son, Juan, who was killed by an earth slide while playing in a gravel pit from which defendant had been excavating gravel and dirt. The jury found for plaintiff and defendant appeals.

The errors assigned on appeal include the denial *88of defendant’s motion for a directed verdict, the denial of his motion to strike from the complaint certain specific allegations of negligence and the giving of, and refusal to give, certain instructions regarding damages.

There was evidence from which…