Adams

This is an action brought by the administrator of the estate of Leo R. Sehwanekamp, deceased, for damages resulting from the death of deceased as the result of an accident which occurred while he was driving his automobile on a public highway of the County of San Bernardino connecting the cities of Redlands and San Bernardino. The case came before the court below upon the demurrers of respondents to appellant’s second amended complaint, which demurrers were sustained as to respondents Cole and Long without leave to amend, and the County of San Bernardino with leave to amend. A judgment was entered in favor of Long and Cole following the sustaining of their demurrer to the second amended complaint, and in favor of the County of San Bernardino upon the failure of appellant to file an amended complaint within the time fixed by the trial court. Appellant filed separate notices of appeal from each of these judgments, but the case comes before us on a single record.

It is alleged in the second amended complaint that James W. Cole and Charles Long were highway commissioners of the County of San Bernardino having jurisdiction over the particular road in question. The Southern Pacific…