Marshall

Action for damages. The complaint alleges a cause of action for damages sustained by plaintiff to his automobile as a result of the truck of defendant company colliding with the same, while said truck was being operated by an employee of the defendant company. It is charged that the accident resulted solely by reason of the careless and negligent operation and control of the said truck. Briefly stated, the facts are as follows: Plaintiff’s automobile was lawfully parked parallel to the curb on Escobar Street in the city of Martinez. At this time a five-ton truck owned by defendant company and operated by an employee was proceeding along said street, approaching the automobile from the rear, and it collided with plaintiff’s parked car. The trial court awarded plaintiff judgment in the sum of $500 for damage to his automobile and the further sum of $50 for deprivation of its use.

Several grounds are relied upon for a reversal of the judgment. It is first claimed that plaintiff failed to prove any negligence on the part of defendants, which directly and proximately contributed ’ to or caused damage to plaintiff’s automobile. In this connection it is argued that the accident was…