Hawber

This is an action to recover damages for personal injuries suffered by plaintiff as a result of an automobile collision which occurred in San Jose on January 6, 1924, between an automobile driven by E. L. Emery and owned by his wife, Mrs. Harriet E. Emery, in which plaintiff was riding, and one driven by the defendant Raley, Jr., and belonging to his father. The jury rendered a verdict in plaintiff’s favor for the sum of $1,245, and judgment was entered" thereon, from which defendants have appealed.

It appears from the evidence that Mrs. Emery, the owner of the automobile in which plaintiff was riding, was covered by a policy of public' liability insurance issued by a company represented by one of plaintiff’s attorneys, and that shortly after the accident and while plaintiff was still confined in the hospital said attorney paid plaintiff $380.27, which payment was evidenced by a written agreement, signed by plaintiff and witnessed by one of the insurance company’s agents. These facts were developed by defendants at the trial, during the cross-examination of plaintiff, and thereupon defendants asked and were granted leave to amend their answer so as to plead said payment as a…