Rosander

This is the same action under consideration in Rosander v. Market Street Railway Co. et al., ante, p. 710 [ 265 Pac. 536 ], As disclosed in the opinion rendered, the judgment was against all of the defendants, and separate appeals were taken. This is the appeal of all the defendants other than Market Street Railway Company, a corporation.

The trial of the action was a three-party controversy. The plaintiff, admittedly without negligence, charged her in juries to the joint and concurring negligence o£ all o£ the defendants. The defendants comprised two alleged wrongdoers, the Railway Company and the remaining defendants, commonly referred to as the truck people. These appellants are the truck people.

The appeal presents two general claims. The first contention involves the liability of any of the defendants; the second contention, admitting the liability of the truck owners, is that defendant Golden Gate Building Materials Co. (a corporation), was not the owner of the truck nor the employer of the driver, and that there was no privity of contract or other relationship sufficiently shown to fasten any liability on said corporation.

As the facts are few they may be repeated here.…