Weinberg

The plaintiff brought this action to recover damages for personal injuries sustained by him through being struck by an automobile while in the performance of his duties as a street sweeper in the City of Los Angeles. The City of Los Angeles intervened for the purpose of recovering certain moneys it had expended for compensation, medical bills and the like, and it was stipulated in open court that the intervener should be given a lien on any judgment in favor of the plaintiff for a named amount. The interest of the intervener need not be further referred to herein. The automobile which caused the injuries com plained of was owned by Clinton L. Clark and was being driven, at the time the injuries were sustained, by Willard Brown. This action was brought against both Clark and Brown as defendants, upon the theory that Brown was, at the time in question, the agent and employee of Clark. After a trial by the court without a jury, judgment was entered in favor of the plaintiff against Brown in the sum of $3,500, and that he recover nothing as against Clark. The plaintiff has appealed from that portion of the judgment in favor of Clark,.who will hereafter be referred to as the…