Springer

This is an appeal by defendant John Franzoia from an order granting plaintiffs a new trial after a jury had rendered a verdict in his favor in an action against him for damages for personal injuries.

This action was originally brought by plaintiffs against the Pacific Fruit Exchange, a corporation; the appellant John Franzoia and two fictitious defendants.

Plaintiffs alleged in their complaint, among other things: that “at the time of the accident, a Buick automobile owned by Pacific Fruit Exchange was in charge of S. J. Ritchie, an employee of said exchange, and was being operated by Ritchie in the course of his employment; that defendants so carelessly drove their automobiles, that they ran into and collided with the car in which plaintiff Myrtle Springer was riding, and as a direct result of said negligence of defendant plaintiff Myrtle Springer was injured,” etc.

Both appellant and the Pacific Fruit Exchange answered. When the case was called for trial plaintiff’s counsel in open court dismissed the action as to the Pacific Fruit Exchange and proceeded to trial against appellant John Franzoia alone.

The jury returned a unanimous verdict in favor of the appellant John…