Slappey

The trial court, sitting without a jury, awarded plaintiff a judgment against the defendants for the sum of $1853.59, in an action for damages based upon the alleged negligence of defendants in operating a motor-truck, and defendants have appealed, contending as sole ground for reversal that the evidence is insufficient to support the trial court’s finding on the issue of defendants’ negligence.

In lieu of a reporter’s transcript, the parties entered into a written stipulation setting forth the material portions of the evidence adduced at the trial, and incorporated the stipulation in the clerk’s transcript. It appears therefrom without dispute that about 9:30 o’clock in the morning a motor-truck owned and operated by defendants crashed into the rear end of plaintiff’s touring car as it stood parked next to and parallel with the curb on the right- hand side of the street, hurling the car against plaintiff, who was standing on the curb next to his automobile, knocking him unconscious, breaking his collar-bone and inflicting other serious injuries upon his person. The driver of the truck and two men who were riding with him at the tinie of the accident testified in explanation…