Henry

There are two appeals upon the same record, viz.: The one from an order granting a nonsuit and the other from a formal judgment of nonsuit. The appeal from the original order granting the nonsuit was proper and sufficient to authorize a review of the action of the court in the making of said order. In fact, the “order” granting the nonsuit amounted in legal effect to a judgment of nonsuit, since it necessarily involved a final and definitive disposition of the case, and such a judgment is, therefore, one from which an appeal may be taken. The appeal secondly taken, viz.: Prom the “formal judgment” of non- suit, which means a formal judgment subsequently prepared and entered upon the “order” granting the nonsuit, was wholly unnecessary and, indeed, superfluous. (Code Civ. Proc., sec. 581; Brown v. Sterling Furniture Co., 175 Cal. 563 [ 166 Pac. 322 ].) However, we will dispose of both appeals as though both were material and requisite to the decision of the case as it appears before us.

The action was by plaintiff against the defendant for damages for personal injuries suffered by the former by reason of having been struck by the automobile of the latter through the alleged…