Lawrence

This is an appeal by the defendant Pickwick Stages from a judgment against it in an action for damages for personal injuries sustained by plaintiff while he was a passenger upon an automobile bus operated by defendant, which injuries were alleged to have been caused proximately by the negligence of the driver of the automobile.

The complaint alleged that the defendant, at all times mentioned therein, was the owner and operator of certain automobile busses running regularly between the cities of San Francisco and Los Angeles; that on July 20, 1922, the plaintiff was a passenger upon one of said busses being operated by the defendants in a northerly direction on the highway between Los Angeles and San Francisco; that about eight miles south of the town of San Ardo, county of Monterey, state of California, the agent and servant of the defendant in charge of said stage “so carelessly and negligently operated said bus thereby causing said bus to leave the highway and turn into a ditch with great force and violence,” thereby inflicting upon plaintiff severe and serious personal injuries enumerated in the complaint.

Appellant contends that the complaint fails to state a cause of action…