Edwards

Action to recover damages for personal ini juries alleged to have been sustained by reason of official negligence of defendant Brockway, who at the time was superintendent of streets of the city of San Diego, the United States Fidelity and Guaranty Company being impleaded as a party defendant under an allegation that it was surety upon his official bond.

Judgment went against both defendants, from which the United States Fidelity and Guaranty Company alone prosecutes this appeal.

It appears that at the time of the injury to plaintiff, defendant Brockway was the duly appointed, qualified and acting superintendent of streets of the city of San Diego; that he made and delivered a bond signed by himself as principal and the United States Fidelity and Guaranty Company as surety, conditioned “that if the said J. C. Brockway shall well and faithfully execute and perform all duties of such office of street superintendent now required of him by law, and shall well and faithfully execute and perform all the duties of such office of street superintendent required by any law to be enacted subsequently to the execution of this bond, then this obligation is to be void, and of no effect;…