Brkljaca

This appeal is from a judgment in the defendant’s favor in an action for damages for personal injuries alleged by the plaintiff to have been sustained by him by being struck by the automobile of the defendant Mendocino Lumber Company while the same was being operated by the defendant Ross, and that the accident occurred through the latter’s careless and negligent operation of said automobile. The answers of the defendants, while admitting the accident, deny that same was caused, or that any injuries which the plaintiff may have sustained thereby were occasioned, through any carelessness or negligence on the part of the defendants, or either of them, in the operation of said automobile, or otherwise. They further deny that at the time of said accident the said machine was the property of the Mendocino Lumber Company, but, on the contrary, allege that the same was the property of the defendant Ross, and that the same was at said time being driven and operated by him solely for his own pleasure and not for or upon any business of the defendant corporation. They further allege that while the said defendant Ross was operating said machine in a careful and prudent manner and in…