Wheatley

This appeal is from a judgment in favor of plaintiff upon the verdict of a jury for damages sustained by plaintiff resulting from the collision of two automobiles.

The complaint and its amendment contains two counts, in one of which it was alleged that plaintiff was riding* as a passenger for hire in the automobile driven by appellant Belle Cardoza, at the time of the collision; and in the other it is alleged that plaintiff was riding as a guest therein.

It appears from the evidence that on June 20,' 1931, respondent was riding in an automobile operated by Belle Cardoza, and that at the intersection of two highways, the car driven by Belle Cardoza collided with one operated by appellant Wheatley.

Respondent brought this action against Belle Cardoza and the said Wheatley, as the operators of said automobiles, and joined Joe Cardoza and Frances Cardoza, the parents of Belle Cardoza, as parties defendant, because Belle Cardoza was a minor and her application to operate an automobile had been signed by her said parents. Separate hriefs have been filed on this appeal by appellants Cardoza and by Wheatley. Appellants Cardoza’s sole ground for a reversal of the judgment against them…