Slater

Action for damages for personal injuries. The case was tried by the court sitting without a jury. Upon plaintiff’s motion the action was dismissed as against the fictitious defendants and also against the defendant Robert Nuccio. After trial judgment was rendered in favor of defendant Friedman, and this is an appeal from the judgment and order denying a new trial.

The evidence shows in substance that defendant was, on the seventeenth day of July, 1920, engaged in the taxicab business in the city of Los Angeles, and had in his employ one Sehlau, who operated his machine for hire; that about 11:45 P. M. on the day last mentioned the taxicab was standing on the corner of Fifth and Spring Streets with Sehlau in charge, and a sign was attached to it indicating that the machine was for hire. The plaintiff, accompanied by her niece and a friend, engaged the services of the driver to convey the party for a consideration to the Santa Fe station. While proceeding on the journey a collison occurred and plaintiff was seriously injured, her skull being fractured, her body and limbs bruised, and her nervous system affected. It further appeared in evidence that the hours of the driver’s…