Raddant

This is an action for damages suffered by plaintiff by reason of personal injuries, pain, and suffering, loss of time, etc., caused by a collision of an autostage in which she was a passenger, operated as a common carrier for hire by defendant A. B. Watson, with an automobile operated by defendant S. W. Mims, on a public highway.

Plaintiff was given judgment against defendant Watson for $2,850.50, but was awarded nothing against defendant Mims.

Defendant Watson appeals and assigns as errors on the part of the trial court that:

The court erred in denying plaintiff’s motion for a non-suit;

The proof fails to show negligence on the part of Watson or the driver of the stage; and

The decision is contrary to the evidence and is against the law.

Appellant Watson discusses the above assignments together, stating that but one question of law is involved in the errors assigned, to wit: Whether the stage-driver, who was the employee of appellant, so negligently operated the stage as to make appellant liable for plaintiff’s injuries and her consequent pain and suffering and loss of time.

The facts that the stage was a common carrier for hire, that respondent was a passenger therein,…