Sloan

This is an appeal from a judgment for the sum of $10,000 in favor of the plaintiff for personal injuries suffered by his ward and against the appealing defendant.

The grounds of the appeal may be stated as follows: (1) The doctrine of res ipsa loquitur was improperly applied, first, because the proof established negligence on the part of the co-defendant and second, because the complaint alleges specifically the negligent acts complained of, (2) that in addition to instructions embodying this doctrine the court gave other erroneous instructions and (3) that the verdict is excessive.

We are supplied with no brief by the respondent, who was a passenger on the bus of the appellant. However, it is sufficient to say that the evidence adduced in this case brings it squarely within the law announced in Burke v. Dillingham, 84 Cal. App. 736 [ 258 Pac. 627 ], and the authorities there cited, in so far as the doctrine relating to the presumption of negligence is concerned. Also, the',testimony of the defendant Koenig was sufficient—stating, as he did, that the driver of the bus approached the intersection at a speed of about thirty-five miles an hour and ran into him while he was…