Morton

The plaintiffs, husband and wife, commenced an action to recover damages for personal injuries alleged to have been caused by the defendants. The defendants answered and a trial was had before the trial court sitting with a jury. At the end of the plaintiffs’ case the defendants made a motion for a nonsuit. The motion was granted and the plaintiffs have appealed under section 953a of the Code of Civil Procedure.

The defendant E. G. Hinds was the proprietor of a garage at Redwood City, and the defendant Bruce Young was a mechanic employed by his co-defendant. On the twenty-fourth day of July, 1928, Mrs. Morton was driving a Dodge sedan south toward Redwood City. Before reaching that place the right-hand rear tire was punctured. She drove the car up to and parallel with the curb on the west side and stopped. Later she took out of the car her own jack and proceeded to jack up the wheel on which was the punctured tire. Having raised the tire free of the ground she set the emergency brake, locked the car, left her small baby on the back seat, and went forward to Hinds’ garage. At that place the defendant Bruce Young joined her and they returned to the plaintiff’s car for the purpose…