Bertiz

This is an appeal by the defendants from a judgment for one thousand dollars against them in an action for damages alleged to have been caused by the negligence of defendant Boston in operating an automobile as the agent of the defendant, City of Los Angeles. The plaintiff brought the action as the father of Marie Bertiz, a minor, who was killed as the result of a collision between the automobile owned and operated by defendants and an automobile in which she was riding.

■ At the trial of the case three other cases growing out of the same accident were consolidated with it and by stipulation of the parties and order of court, the transcript on appeal in this cause constitutes the transcript in the other three cases and the several appeals are to be considered upon the briefs herein.

The parties hereto stipulated that the following facts should be deemed proven: That prior to the year 1913 the City of Los Angeles maintained a mechanical division of the purchasing department, and it was the duty of said mechanical division to repair all automobiles owned by the City; that in 1918 the mechanical division of the purchasing department was transferred to the mechanical division of the…