Musachia

The two actions herein were tried as one, consolidated upon appeal, presented upon one transcript and one set of briefs, and will be considered and determined as one case.

The cause of action arises from an injury received by the plaintiff by reason of being run into by a Ford automobile truck driven by the defendant William Nunes. Plaintiff had judgment against all the defendants and Goodman and Jones appeal.

On Sunday, May 23, 1920, while on a public road near Walnut Grove, in the county of Sacramento, the plaintiff was injured by a Ford truck then owned by C. W. Jones and Sons and being driven by the defendant William Nunes. O. W. Jones and Sons as a copartnership consisted of defendant C. W. Jones, Fred C. Jones, and G. D. Jones then engaged in farming a tract of land in the Delta region of the Sacramento River. Another copartnership mentioned and referred to in the testimony consisted of Goodman and Jones, the members of which were A. S. Goodman, Fred 0. Jones, and G. D. Jones. This copartnership was engaged in farming another and separate tract of land in the same locality. The defendant Nunes testified at first that he was working for C. W. Jones on the Saturday preceding…