Owens

Plaintiff brought this action seeking to recover damages against defendant Carmichael’s U-Drive Autos, Inc., for personal injuries inflicted upon plaintiff when struck by an automobile belonging to defendant. The trial court directed a verdict in favor of defendant and from the judgment entered upon the directed verdict plaintiff appeals.

The accident occurred on the evening of August 7, 1928. The driver stopped the car a short distance from the scene, disappeared without being identified» and has not been seen since. It appeared that about one hour prior to the accident defendant had rented the car to a man who gave his name as Max Watson. It is conceded that there was ample evidence to show that the driver of the car negligently drove it over the curb and struck plaintiff while he was standing on the sidewalk, but defendant based his motion for a directed verdict upon the ground that the evidence was insufficient to go to the jury on the question of the liability of defendant as owner of the car.

At the time of the accident section 1714% of the Civil Code had not been enacted and by his complaint plaintiff sought to impose liability on defendant as owner by alleging that…