Hollander

This is the second appeal in the above-entitled action. On the first appeal the action was remanded for a retrial on the issue of damages. (Hollander v. Wilson Estate Co., 214 Cal. 582 [ 7 Pac. (2d) 177 ].) After the remittitur went down a trial was had on that issue. The jury again returned a verdict in favor of the plaintiff and from the judgment entered thereon the defendant has again appealed. It attacks numerous instructions. Before taking up those attacks it should be noted that in its decision the Supreme Court was called upon to determine the scope of the pleadings. Commencing on page 586 the court said: “The complaint was in two counts. The first declared upon the injury, its nature and permanency, with added allegations respecting the items of expense for medical care and attention, with a prayer for damages covering these elements. The second count repeated the first and added the following allegations: ‘II. That prior to the aforesaid injuries . . . the said plaintiff was the owner of and engaged in the business of dealing in and with rugs, carpets and furniture, from which business plaintiff derived . . . $1000.00 per month. III. That by reason of the premises…