Gammon

This is an appeal by plaintiff E. A. Gammon from an order of nonsuit in an action brought by him against defendants F. W. Wales and R. E. Wales for damages for personal injuries.

The complaint alleges that on May 3, 1930, at about the hour of 7:30 P. M., plaintiff was driving and operating his automobile in an easterly direction, in a careful and prudent manner, along the public highway known as “H” Street, in the city of Sacramento, when he collided with a parked automobile truck of defendants, and as a result of such collision, sustained severe and permanent injuries.

That Elmo Tracy, acting within the scope of his employment and as the agent and employee of defendants, had negligently, carelessly and without any regard for the traffic on said highway, parked said automobile truck belonging to defendants within the traveled portion of said highway at a point where there was not sufficient light within the lateral boundaries of said highway to reveal all persons, vehicles or substantial objects within said boundaries for a distance of 200 feet and said Tracy had not displayed any light of any character on or about said truck.

The answer of the defendants denied any negligence…