Bewley

On this appeal the respondents were apparently so confident of their position that they did not see fit to aid the court even by filing a brief or arguing their side of the litigation. Notice was given to the parties pursuant to rule 17(b) of the California Rules of Court, and the respondents still saw fit to do nothing. The appellant notified the clerk that he did not wish to argue the case. Consequently, the appeal was submitted for decision on the record and appellant’s opening brief pursuant to rule 17(b) of the California Rules of Court.

The action had its origin in a four-car automobile accident which occurred in the County of Sacramento on September 10, 1964. Shortly after midnight, an automobile driven by one Joseph N. Beatty in an easterly direction along 47th Avenue, a two-lane, two-way street, came to a stop in the roadway. Behind the Beatty vehicle and proceeding likewise in an easterly direction was a second car driven by Jerry W. Bewley. Mr. Beatty alighted from his vehicle and walked back to the Bewley car where the two drivers engaged in conversation. Shortly thereafter, another vehicle proceeding in the same direction as the two former ones and driven by Donald…