Truitner

The plaintiff, Ethel Truitner, brought this action to recover damages on account of personal injuries sustained by her while riding as a guest in an automobile owned and driven by her brother, the defendant Truitner, which automobile collided with one being driven by the defendant Knight at the intersection of Clovis and Adams Avenues in the county of Fresno. The action was tried by the court sitting without a jury, the court finding that the collision was proximately caused by the concurrent negligence of the drivers of the two automobiles, Truitner and Knight; and judgment was rendered against them in the sum of three hundred dollars, from which judgment the defendant Truitner alone has appealed. Insufficiency of evidence is the only point raised.

This was the second action for damages growing out of the same accident, the first being one entitled J. L. Truitner and Alice Truitner, Plaintiffs, vs. Charles M. Knight, H. K. Mahakian and Clifford Truitner, Defendants, ante, p. 655 [ 257 Pac. 447 ], which was tried before a jury, resulting in a verdict and judgment in favor of the plaintiffs therein and against the defendants Knight and Truitner, the action as to the defendant…