Rosander

This is an action for damages in which the verdict of the jury was in favor of plaintiff and against the appellant and its co-defendants. A new trial was denied. The co-defendants of appellant are Golden Gate Materials Co. (a corporation), McDaniel & Barrymore (a copartnership) and F. D. McDaniel and O. C. Barrymore. While all of the defendants have appealed from the judgment entered, in view of the fact that separate appeals were taken and presented separately, we deem it better that the appeals should be separately decided. We have before us, therefore, at this time for consideration the appeal of defendant Market Street Railway Company.

A brief statement of the facts will suffice. The entire controversy arises out of a collision between a street-ear and a gravel truck. It is conceded that plaintiff was wholly blameless and no suggestion of contributory negligence enters into 'the case. It was and is the claim of plaintiff that both the railway company and the owners of the truck were negligent and that the accident was the result of such joint negligence. The railway company denies negligence, and seeks to fasten all blame upon the driver of the truck, while the defendants…