Gates

Because of personal injuries sustained by plaintiff in an automobile accident he brought an action for damages against C. W. Pendleton, Sr., C. W. Pendleton, Jr., a man by the name of Houston, and a certain corporation.

The action has been twice tried. On the first hearing a motion for nonsuit was granted. An appeal from the judgment thereon rendered resulted in a reversal thereof. (Gates v. Pendleton, 184 Cal. 797 [ 195 Pac. 664 ].) Before the case came on for trial the second time C. W. Pendleton, Jr., died, and the action was dismissed as to all defendants excepting C. W. Pendleton, Sr. Prom a judgment in favor of plaintiff, defendant appeals.

Appellant’s first claim for reversal in substance is that the action having been brought against several defendants, a judgment against one of such defendants is unauthorized. No authority in point is submitted by appellant, and we know of none which would sustain such contention.

It is next urged that the evidence shows that defendant was but a passenger in the automobile which collided with plaintiff, and that as such passenger defendant had no control of said automobile or its movements, or the driver thereof. It appears that one…