Chambon

In this case the plaintiff and respondent brought an action against Gus Chambón and State Farm Mutual Automobile Insurance Company, a corporation, hereinafter referred to as the Insurance Company, defendants and appellants. The action was brought to recover damages for personal injuries sustained by respondent in an automobile collision with appellant Chambón. The action was tried upon the theory that an insurance company has a direct and primary liability to anyone injured by a car driven by the insured. The accident happened at the intersection of Ninth Street and Sheridan Avenue in the city of Corona, California. Sheridan Avenue runs due north and south and is thirty feet wide from curb to curb. Ninth Street runs due east and west and is of the same width. Both streets are paved. The case was tried by the court sitting without a jury and the court gave a judgment for $7,000 in favor of respondent against both defendants. Both defendants appeal.

Appellants urge for reversal of the judgment first, that Chambón, the driver of the car, was not negligent; second, that plaintiff was guilty of contributory negligence; third, that the judgment, in any event should not have been…