Malachowski

Bruno Malachowski was killed by being struck by an automobile bus. Later his widow took out letters of administration and thereafter she filed a complaint as such administratrix against H. A. Varro, doing business as Liberty Stage Line, and as the owner of the automobile bus, and she joined as a defendant California Highway Indemnity Exchange, a corporation. Service of process was not made on the owner, but it was made on California Highway Indemnity Exchange, a corporation, and it appeared and answered. In drawing her complaint the plaintiff pleaded a cause of action for personal injuries following the procedure in Stein v. United Railroads, 159 Cal. 368 [ 113 Pac. 663 ]. In addition thereto the plaintiff pleaded that on August 3, 1920, by its policy the said California Highway Indemnity Exchange agreed to indemnify the defendant H. A. Varro for any loss or damage caused by the operation of the autobus, and that said policy provided that it should inure to and be for the benefit and protection of the plaintiff. In its answer the defendant inserted several denials and in addition thereto pleaded the contributory negligence of the deceased. A trial was had before the trial court…