Opinion
Docket No. 1343.
May 9, 1934.
APPEAL from a judgment of the Superior Court of Kern County. Robert B. Lambert, Judge. Reversed.
The facts are stated in the opinion of the court.
Richard C. Waltz and Brittan Mack for Appellants.
Borton Petrini for Respondents.
THE COURT.
[1] This is an appeal from a judgment following a directed verdict in an action for damages for wrongful death. All parties concerned are now convinced that the instruction for a directed verdict was erroneously given and, by stipulation, have consented and requested that the judgment be reversed and the action remanded for a new trial upon all of the issues.
It is, therefore, ordered that the judgment be reversed and the action remanded for a new trial upon all of the issues and that the remittitur issue forthwith.