Saylor

Action to recover damages for injuries alleged to have been sustained as the result of defendant’s negli gent operation of an automobile. Judgment upon verdict in favor of plaintiff was entered for $450, from which and an order denying his motion for a new trial defendant appeals.

The order denying the motion for new trial, made on January 13, 1917, is not an appealable order (Code Civ. Proc., see. 963, as amended in 1915; Stats. 1915, p. 209), and the appeal therefrom is therefore dismissed.

Upon the ground of uncertainty defendant interposed a demurrer to the complaint, which was overruled, and this ruling is assigned as error. [1] His contention is that the allegation, to wit, “that defendant ... so carelessly and negligently drove and managed his said automobile, that by reason of his negligence the said automobile violently collided with and struck the automobile in which this plaintiff was riding; and that as a result of the said collision so caused as aforesaid, this plaintiff was” injured, was in general terms and by reason thereof insufficient. That the allegation was sufficient admits of no question. “It is well settled that negligence may be charged in general terms;…