Sundberg

This is an appeal by the defendant Isidor Ringel from a judgment entered against him upon a verdict of a jury in the sum of ten thousand, dollars.

Plaintiff Ernest E. Sundberg brought this action to recover damages for personal injuries suffered by him in an automobile collision. On February 6, 1926, plaintiff was driving and operating a Ford truck on the westerly side of The Embarcadero, near its intersection with Sansome Street, in the city and county of San Francisco, when his truck was struck by an “automobile jitney bus” driven by defendant Isidor Ringel, throwing plaintiff from his truck and rupturing the ligaments in his back and inflicting other injuries to his back and body.

The only defendant in the original complaint was Isidor Ringel, but an amended complaint was filed in which “The California Highway Indemnity Exchange” was also joined as a defendant, by reason of a policy of insurance issued by it to its co-defendant Isidor Ringel, under the terms of an ordinance of the city and county of San Francisco. Both defendants interposed general and special demurrers to the amended complaint, setting up, among other grounds, the misjoinder of parties and actions. Both…