Briggs

This is an appeal from a judgment which was rendered against the plaintiff in an action for damages for personal injuries sustained in an automobile casualty.

The defendant is a brother of the plaintiff. They lived in separate homes in Culver City. They were on friendly terms with each other. The defendant owned a Cadillac touring ear. December 23, 1926, he handed his chauffeur, Jack Gironda, $40, directing him to take the plaintiff in the automobile to the home of Mrs. Dunn at Santa Monica and purchase a Christmas turkey for himself and another for Mrs. Briggs. Gironda did so. Dewey Street, in the vicinity of the home of Mrs. Dunn, had been recently paved. A broken water main had washed out a great hole beneath the paved surface of the street. This damage was apparently not visible. The chauffeur proceeded to return along Dewey Street. As the Cadillac car was driven over this excavated space the concrete gave way and precipitated the machine into the hole. The plaintiff was slightly injured. She brought suit for damages against her brother. The chauffeur was not made a party to the action. The cause was tried before the court without a jury. At the close of the evidence both…