Keiper

This is an action for damages for personal injuries. The jury returned a verdict in favor of plaintiff for three thousand five hundred dollars against the defendant, Elkus, but not against the defendant, Pacific Gas & Electric Company. Judgment was entered accordingly, from which defendant Elkus appeals.

The evidence discloses that the accident and the injury complained of occurred substantially as set forth in the complaint, as follows:

The appellant demurred to the complaint on the general ground of insufficiency of facts and on the further ground that there is a misjoinder of parties defendant.

The demurrer was overruled and the principal question submitted by this appeal arises upon the action of the court in thus disposing of the demurrer and in denying the appellant’s motion for a nonsuit, the claim being that neither the complaint nor the proofs disclosed that the appellant’s negligence was the proximate cause of the accident and injury complained of.

As stated, the evidence shows that the accident occurred substantially as alleged in the portion of the complaint above quoted herein, and if, therefore,' the complaint states a cause of action for negligence against the…