Lam Ong v. Pacific Motor Trucking Co.

WOOD, J.

This action was filed by the administrator of the estate of Lim Duck Ning, deceased, for damages for the wrongful death of decedent alleged to have been caused by the negligence of defendants. Decedent was struck and killed by the automobile truck of defendant corporation, driven by its employee, defendant Downer, on February 15, 1934, while decedent was on foot crossing Alameda Street at its intersection with Marehessault Street in Los Angeles within the lines of the pedestrian safety zone. After the denial of defendants’ motion for a directed verdict the jury rendered a verdict for plaintiff, whereupon defendants moved for judgment notwithstanding the verdict. This motion was granted and plaintiff appeals.

Defendants contend that the evidence was insufficient to establish a marriage between deceased and Lim Wong Shee, his widow, or the heirship of the surviving children of deceased. Plaintiff’s witnesses Hoy, Ong and Quong testified that decedent had repeatedly declared that the persons alleged to be such were his wife and children and that those persons had been -maintained and supported by decedent in his home and had been received and accepted by his family, friends and associates as his wife and children. Decedent’s cousin Ong testified that his grandfather and decedent’s father were brothers; that he had been in decedent’s house in China and saw decedent with his wife and children therein upon many occasions; that decedent had introduced them to the witness as his wife and children and that decedent had gone “many times” in company with his wife to the home of the witness. Plaintiff’s witnesses also testified that decedent supported his wife and children by sending money to them on various occasions ; that they took to China and delivered to his wife sums which decedent had requested them “to take home” to her for

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the support of herself and their children, and that on their return to Los Angeles they brought reports and messages to decedent from his family. The heirship of the persons alleged to be decedent’s wife and children is sufficiently established.

(Pearson

v.

Pearson,

46 Cal. 609;