Seney

pro tem. — Defendant Pickwick Stages Northern Division, Inc., appeals from a judgment in favor of plaintiff, as sole heir of Leslie W. Seney, in the sum of $15,000 for the death of said Leslie W. Seney, alleged to have been caused by the negligence of defendant in operating one of its autostages upon which the deceased was a passenger, in such a manner that the stage was overturned and resulted in said death. The case was tried by the court without a jury.

The complaint alleges that the defendant is a common carrier of passengers for hire and operates antostages over and along the public roads and highways in the state of California; that on June 24, 1922, plaintiff and her husband were passengers on one of said stages running from Portland, Oregon, to San Francisco, California; that defendant “operated the autostage on which said Leslie W. Seney was a passenger in such a careless, reckless, wanton and negligent manner that the said auto-stage was overturned and said Leslie W. Seney was instantly killed.”

Appellant contends that the doctrine of res ipso loquitur does not apply in this case for the reason that the foregoing is a specific allegation of what constituted the…