Irwin
Irwin v. Pickwick Stages System, Inc.
Opinion
lead Opinion
Craig, J.
These are actions to recover damages for persona] injuries claimed to have been suffered by the several plaintiffs through alleged negligence of Pickwick Stages System, a corporation, and R I. Bailey, who was the driver of the stage known as St. Charles, in which the plaintiffs were riding at the time of the accident. This took place November 23, 1929, in San Bernardino County, California, near a point called Baker. It appears that the plaintiffs were regular and paid passengers of the stage. The stage was being driven over a straight highway which was on a practically level grade and as it was coming up out of a slight dip in the road it veered abruptly to the left and went off the highway and turned over. The plaintiffs sustained severe injuries. The answers in effect deny ownership or operation of the stage.
The principal issues involved the sufficiency of the evidence of ownership of the bus by the defendant corporation, and employment by it of defendant Bailey. These matters were first presented on motion for nonsuit, then by motion for a directed verdict for the defendant corporation, and later on motion for new trial and the appeal from the judgment.