Betzold

This is an action for damages for personal injuries received by the plaintiff in a slight collision between a motor-truck operated by him and a delivery truck owned by the defendant corporation and operated by its employee, the individual defendant. 'The Rossi Floral Company conducts a floral shop in the business section of the city of Fresno. In the rear of its place of business there is a strip of private property which slopes slightly upward from the alley toward the building, upon which strip the company’s delivery truck is habitually parked. On the occasion here in question the defendant Marsella started out to deliver some flowers and releasing the brake allowed the truck to roll backward toward the alley. While it rolled only some six feet, when it arrived at a point either in the alley or about at the edge thereof it collided with the plaintiff’s truck. The collision was slight, causing no damage to either car, but the plaintiff’s arm was caught between the two cars and rather seriously injured. The defendants have appealed from a judgment after a verdict in favor of the plaintiff.

It is first contended that “two separate and inconsistent causes of action were proved at…