Burns

The action was for damages for the death of a minor son, and plaintiff was awarded by a jury the sum of $5,250, and judgment was thereupon entered in his favor for that amount. The son was killed in a collision between a Southern Pacific motor passenger car and an autotruck owned by one Jackson Diggs, one of the original defendants herein, operated by one F. G. Prinderville. also a former defendant, who, it is claimed by respondent, was in the special service and under the control of appellant Jackson through his superintendent, W. G. McRoberts, at the time of the collision.

The cause has been before this court on two former occasions. In Burns v. Southern Pacific Company et al., 43 Cal. App. 667 [ 185 Pac. 875 ], the facts are quite, fully stated, and therein it was said:

Furthermore, it was said:

This court, therefore, ordered the judgment of nonsuit in favor of the defendants Diggs and McRoberts rendered in the trial court to be affirmed and the judgment of nonsuit in favor of defendant Jackson to be reversed, and the cause remanded for a new trial as to him. It may be added that upon the first trial a verdict was rendered in favor of plaintiff against Prinderville and for…