Irrgang

This is an appeal from a judgment on the verdict of a jury awarding damages to a plaintiff for in juries received by him through the negligence of defendant. Defendant appeals from the judgment on bill of exceptions.

1. It is first contended that the demurrer to the complaint for ambiguity and uncertainty should have been sustained. We think the complaint shows clearly enough that defendant was sued as an individual, although it is alleged, quite unnecessarily, that he was a stockholder and president of the company that had engaged plaintiff to paint its house. This averment was superfluous, and does not charge the company with any responsibility for the injury. The allegations as to the circumstances of the injury were sufficiently definite and certain to show prima facie that defendant alone was responsible for the injury. Besides, defendant answered and went to trial upon the issues, and nothing appears to indicate that he was misled in any way as to the issues he was to meet, and in fact did meet as best he could, and, the cause was fairly tried upon its merits. (Bank of Le Moore v. Fulgam, 151 Cal. 234 , [ 90 Pac. 936 ].)

2. It is urged that the evidence does not support…