Lyckberg

On the eighteenth day of February, 1926, Neis G. Rosen was duly appointed, qualified, and acting police officer in the City of Oakland; on that date at about 4:30 P. M. he was injured by being knocked down by an automobile driven by the defendant; thereafter the plaintiff paid $172,50 for medical and surgical treatment, hospital and nurse bills, drugs, X-rays and surgical appliances and it also paid Rosen $607.37, being the full amount of his salary during the time that he was disabled and did not report for work; thereafter it commenced this action to recover the moneys so expended; the defendant appeared and answered; the parties stipulated as to the facts and the case was tried before the trial court sitting without a jury. The trial court made findings in favor of the plaintiff in which it found that plaintiff had made the expenditures above enumerated and, as conclusions of law, it ordered repaid to the plaintiff the above-mentioned item of $172.50, but on the second item only $394.79. The plaintiff has appealed and has brought up the judgment-roll.

The sole question before this court is whether the plaintiff was entitled to be reimbursed $607.37, the amount of salary paid…