Pascoe

This is an appeal from the judgment following verdict for plaintiff, in the sum of $3,750, in an action for damages for personal injuries arising out of a collision which occurred July 11, 1930, at the intersection of N and Eighth Streets, in the city of Bakersfield. The complaint is in the usual form and the answer denies negligence on the part of defendants and alleges affirmatively contributory negligence on the part of plaintiff.

The defendants are father and son. Plaintiff sought to hold the elder Payne for imputed negligence. The complaint alleges, and the answer admits, that, at the time of the collision, the son was a minor, twenty years old, and the father had signed the application for the operator’s license which was issued to the son; and the son, at the time of the collision, was driving his father’s automobile with his father’s permission. At no time was a guardian ad litem appointed for the defendant, J. Bruce Payne, Jr., and no proceedings were taken for the purpose of having such guardian ad litem appointed.

The defendants and appellants rely on the following specifications of error: 1. The judgment is void as to the defendant, J. Bruce Payne, (Sr.), because it…