Brown

Appeal from judgment of nonsuit rendered in an action for damages for personal injuries tried before a jury. The injuries are alleged to have been suffered by reason of the negligent driving by one West of an automobile owned by the defendant and respondent, Chevrolet Motor Company of California, a corporation. West, the driver of the ear, was named as a defendant in the complaint, but no service of summons- was made upon him, and the case proceeded to trial against the Motor Company as the sole defendant, whose motion for nonsuit was granted at the close of the plaintiff’s case.

Appellant urges two grounds for reversal of the judgment. (1) In order to prove the agency of the driver of the automobile for the defendant company, and the consequent liability of that company, plaintiff called as a witness its president and general manager, and proved by him that the automobile which caused the injuries complained of was then being used by West under the permission of said manager, and that it then bore the license number issued to the defendant company under a manufacturers or dealers’ license. The defendant’s ownership of the automobile at the time of the accident was admitted by…