Humphrey

The defendant appeals from a judgment rendered in favor of the plaintiff for the sum of $5,635 on account of alleged negligence of the defendant in. the operation of its automobile at the intersection of Lyons and Ramirez Streets, in the city of Los Angeles, on the third day of October, 1918.

Appellant contends that the findings are not sustained by the evidence in this, that there is no evidence showing that defendant owned the automobile or that the person driving it was in defendant’s employ or was acting in any way for the defendant. The complaint alleged that “while plaintiff was walking carefully along on the sidewalk of the northerly side of Lyons Street, at or near the intersection of Ramirez Street, which are public streets in the city of Los Angeles, state of California, the aforesaid automobile of the defendant herein, while being driven and propelled by the aforesaid driver and employee of said defendant herein, was so negligently and unlawfully operated that it overturned upon and over plaintiff and violently struck and threw down plaintiff herein while he was on the said sidewalk at or near the aforesaid intersection, and injured him as hereinafter set out.” The…