Hammett

Forrest M. Hammett brought an action for personal injuries sustained in a collision between the automobile in which he was riding and a Pontiac automobile operated by Lucille M. McIntyre and owned by the defendant J. B. McIntyre. It was charged that Lucille M. McIntyre was operating the Pontiac automobile with the consent of the owner, J. B. McIntyre. The law firm of Parker, Stan- . bury, Reese and McGee filed an answer on behalf of both Lucille M. McIntyre and J. B. McIntyre which included a denial that the Pontiac automobile was being operated by Lucille M. McIntyre with the knowledge or consent of J. B. McIntyre.

Trial without a jury resulted in a judgment in favor of the plaintiff for the sum of $25,932.19 against Lucille M. McIntyre only, the court finding that the Pontiac automobile was not being operated by her with the consent, knowledge or permission of the owner, J. B. McIntyre.

Plaintiff appeals from the judgment, attacking the finding of no permissive use as not supported by the evidence and urging that a new trial should have been granted. Defendant Lucille M. McIntyre also appeals upon the ground that she' was denied a fair trial; that her interests were prejudiced…