Haigh

In this action plaintiffs recovered judg ment against the defendants in a sum awarded as damages for personal injuries received by Mrs. Haigh resulting from alleged negligence in the operation of an automobile. The appeal is by defendant C. F. Hill alone. He raises no question challenging the amount of the judgment. The only claim presented by appellant is that as to him the judgment should be reversed because the proved facts did not establish any liability on his part for the negligence of his codefendant and because the court erred in a ruling upon evidence relating to facts upon which his liability depends.

The complaint contained no direct statement concerning the ownership of the automobile. It merely alleged that “the defendants and each of them, their servants, agents and employees” operated and ran the automobile in such a careless and negligent manner that it caused the same to collide with Mrs. Haigh, whereby the stated injuries were inflicted upon her. The defendant Ruth Hill is the daughter of appellant, and at the time of the accident, July 14, 1921, her age was twenty-one years. In his answer, appellant denied that at the time and place of the collision “this…