Talbot

Plaintiffs brought this action to recover damages for personal injuries received by plaintiff, Delia Talbot, from the negligence of defendant, committed by a servant of defendant in driving a team against the person of said plaintiff. The cause was tried by the court without a jury, and resulted in a judgment in favor of plaintiffs in the sum of $350. From this judgment and the order denying defendant’s motion for a new trial an appeal was in due time taken to this court.

■It is urged that the findings are insufficient to support the judgment in that, as it is claimed, the “finding that ‘the servant and employee of defendant in charge of said horse and wagon was driving the same carelessly and negligently’ is a finding upon a mixed question of law and fact.”

Appellant cites no authority in support of this assertion.

In an action to recover damages resulting from the negligence of the defendant “a general allegation of negligence upon the part of defendant is sufficient.” In such a case “The negligence is the ultimate fact to be pleaded, and is not a legal conclusion.” (House v. Meyer, 100 Cal. 592 , [ 35 Pac. 308 ].)

The finding in question is of an ultimate fact, and is…