Seperman v. Lyon Fire Proof Storage Co.

THOMPSON (R. L.), J.

This is an appeal from a judgment in favor of the defendant in an action for damages for the death of a child caused by an automobile accident. The case was tried before a jury. When the evidence of both parties was completed, on motion of the defendant the jury was discharged and a judgment by the court was rendered for the defendant. The evidence of the negligence of the driver of the truck was conflicting and should have been submitted to the jury.

September 3, 1925, at 5:15 P. M., the defendant’s truck was being driven southerly along Echo Park Avenue in Los Angeles.…