Wiley

In this action plaintiff sought to recover damages alleged to have been sustained as the result of defendants’ negligence in operating an automobile.

The appeal is from a judgment in favor of defendants which was entered upon plaintiff’s refusal to amend his complaint after an order made by the court sustaining a demurrer interposed upon the ground that the complaint not only failed to state a cause of action but was uncertain.

The allegations of the complaint material to the discussion are: That on or about the tenth day of August, 1919, the defendants above named drove and operated their certain automobile in a southerly direction on that certain public highway known as Grand Avenue, approximately one and one-half miles south of Buena Park, Orange County, in such a careless, negligent, reckless, wrongful, and unlawful manner that the defendants’ said automobile collided with the automobile of the plaintiff which was then and there being driven in a northerly direction on said highway, thereby damaging plaintiff’s automobile in the sum of $397.19, being the usual and reasonable charge for making repairs to plaintiff’s automobile made necessary by said collision.

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