Langley

This ease was tried by the court without a jury. At the close of plaintiffs’ evidence defendant moved for a nonsuit and when said motion was denied, declined to offer any evidence. Judgment was thereupon entered in favor of the plaintiffs and the defendant has appealed.

The facts which are not disputed are, in substance, that on May 17, 1924, one W. T. Holland was the owner of a Willys-Knight roadster automobile and on that date appellant insured said W. T. Holland for a period of one year from that date in an amount not exceeding $5,000 against damages arising from death or bodily injuries accidentally suffered as a result of the ownership and use of said automobile. The policy evidencing the said insurance stated that the assured, W. T. Holland, resided at 455 Eighteenth Street, Merced, California, and that his business was that of a painting contractor.

On May 19, 1924, respondent, Lottie M. Langley, was a guest of a man whom she designated as a Mr. Holland, who was a painting contractor, whose place of business was 455 Eighteenth Street, Merced, California. As such guest she was riding, with another guest, a Mrs. Rowe, in a WillysKnight roadster automobile, which was being…