Kanananakoa

Plaintiff sued for damages arising out of an automobile accident. The cause was tried with a jury and plaintiff had a verdict for $10,000. . The defendant O’Donnell has appealed upon a bill of exceptions.

Briefly stated the facts are that the defendant Badalamente was an employee of a parking station where appellant kept his cars, and was an intimate friend of appellant; that he had frequently driven one of appellant’s ears with appellant’s permission, had been arrested on at least two occasions for reckless driving, and thereafter had received from appellant written permission to drive the car. On the night previous to the accident the appellant attended the wedding of Michael Rizzotti, a friend of Badalamente. On the night of the accident the newly married couple attended a dinner at the home of the defendant Badalamente, and the latter was driving them to their home in a car owned by Dr. O’Donnell when he ran into and injured plaintiff, a pedestrian, at a street intersection. Immediately following the accident Rizzotti made a statement in which he said appellant said to him: “Use my auto as my guests. Tell Steve (Badalamente) my chauffeur, where you wish to go.” On the trial…