Sistrunk

-This is an appeal by defendant from a judgment rendered in favor of plaintiffs, following verdict of a jury. Included in the appeal is the order of the court below denying appellant’s motion for a new trial.

The action is to recover damages resulting from injuries sustained by plaintiff Sistrunk through the alleged negligence of defendant. The plaintiffs Shaffer and Best are the employers of plaintiff Sistrunk and joined with him as such. No question is presented as to the rights of the employers in the event it is concluded that the employee is entitled to recover. Therefore, for the purposes hereof, the case will be treated as though the action had been commenced and prosecuted by the plaintiff Sistrunk alone.

The facts necessary to the determination of the questions presented are in the main undisputed. However, in outlining the case as made we do not mean that all of the facts stated are admitted. Our statement here necessarily takes as established the facts, sufficiently supported by evidence, which sustain the verdict, disregarding any conflict.

The plaintiff Sistrunk on February 24, 1923, was employed as a truck driver, engaged at his employment near Huntington Beach in…