Dierks
Dierks v. Newsom
Opinion
Lead Opinion
Kerrigan, J.
This is an appeal by defendant William A. Newsom from a judgment in favor of the plaintiff for damages resulting from a collision between said defendant’s automobile and a motorcycle operated by the plaintiff.
For the purposes of the appeal the parties have stipulated that the evidence introduced at the trial of the case shows that the plaintiff was injured, and damaged to the full amount of the judgment by reason of the negligent operation of the appellant’s automobile by his codefendant, Charles Gregory, who, while driving the car, ran into plaintiff, who was riding upon a motorcycle, exercising proper care in its operation and guilty of no contributory negligence. The sole question presented for determination is whether or not the appellant, as the owner of the automobile, is responsible for the negligence of said Gregory:
The latter, as a witness upon the trial, testified:
Appellant William A. Newsom testified as follows:
On cross-examinaiion he said:
[1] The plaintiff made out a prima facie case against the appellant when he showed that the auto causing the injury by the negligent manner of its operation belonged to the appellant. It has been held in. California and…