Pohle

This is an action for damages for personal injuries sustained in an automobile accident. The jury rendered two verdicts, one in favor of the defendant Day’s U-Drive Autos, Ltd., and the other against its co-defendant Bolinas Beach Realty Co. for the sum of $17,500. Judgment was entered accordingly, and subsequently the trial court granted plaintiff’s motion for a new trial as to the defendant Day’s U-Drive Autos, Ltd. From the order made in that behalf the latter has appealed.

The action was instituted against Bolinas Beach Realty Co., appellant, Edward J. Goldstein and certain fictitious parties. The complaint alleged that appellant ivas engaged in the business of renting automobiles, and was the owner of the automobile involved in the accident, in which plaintiff was riding as a passenger for hire; “that on said 26th day of July, 1931, the defendants were operating said automobile on the Bolinas road and at a point about one-half way between Stinson Beach and Sausalito in the county of Marin . . . ; that at said time and place the defendants carelessly and negligently drove and operated said automobile over a cliff and thereby inflicted upon the plaintiff” certain personal…