Dahl

This is an action for damages brought by Milford W. Dahl, a minor, through his guardian ad litem, against Charles Spotts and Pernel Barnett for injuries received while he was riding as a guest of Spotts in a Ford delivery truck.. Barnett was the owner of the truck. The jury returned a verdict for $2,500 in favor of the minor, from which this appeal is taken, as well as from an order denying motion for judgment notwithstanding the verdict.

Spotts was the distributing agent for the “Liberty Magazine” in certain parts of Orange County. On July 9, 1930, he took respondent and several other boys from Santa Ana to neighboring towns where they sold magazines. At the close of their work he took them back to Santa Ana. He and respondent then drove to Orange, going to the home of Pernel Barnett where they obtained the Ford delivery truck, permission having been given by Barnett to Spotts for its use. The two again went to Santa Ana and Spotts drove to a freight storage office taking respondent with him. Here he loaded eight cartons of breakfast food on to the truck. These cartons were eighteen inches in each dimension and the sides of the truck body were between twelve and eighteen inches…