Scamell

Action to recover the sum of $10,000 as damages for personal injuries alleged to have been suffered by plaintiff on account of having been run down by an automobile driven by the defendant William Wilson Scamell, a minor son of J. W. Scamell. Plaintiff McNulty was employed as a street-sweeper by the city of Santa Bosa, at the time of the accident in question, and the State Compensation Insurance Fund, having paid compensation as the insurance carrier of the city, it is here joined as plaintiff.

Defendant J. W. Scamell was made a party defendant by reason of a statutory liability incurred by signing the application of his minor son, William Wilson Scamell, for an operator’s license, under the terms of the Motor Vehicle Act. (Stats. 1919, p. 223.)

The complaint alleged negligence on the part of the defendant William Wilson Scamell as the proximate cause of the injury. Defendants answering denied generally the allegations of the complaint and in addition set up the affirmative defense of contributory negligence. The cause was first tried before a jury and resulted in a disagreement. Thereafter it again came on for trial before the court sitting without a jury, and by stipulation it…