Guild

The action is to recover damages claimed as a result of personal injuries and injury to personal property incurred as the result of an automobile accident. In the court below judgment went for the plaintiff and against both the defendants. The appeal is prosecuted by the defendant Washington. The question of negligence is not an issue on this appeal nor does the question of damages enter herein. The facts of the case are undisputed in the main, and the question here presented may be more accurately stated following a general outline of the facts.

The appellant Washington is, and was at the times herein noted, an admiral in the United States navy and was at the said times assigned as commandant of the Twelfth Naval District of the United States, which said district embraced the territory wherein the happenings to be related occurred. The defendant Brown is and was at all of the said times an enlisted man in the United States navy. The defendant Brown under orders, of which hereinafter, was acting as chauffeur for the appellant, the admiral, on the day in question. The car which" he was operating was the property of the United States Government. The admiral and his chauffeur left…