Keyes

This action was brought by Anne L. Dougan, now deceased, against the three defendants, Miller Automobile Company, Louis E. Bagwill and J. B. Hawley, to recover damages alleged to have been sustained in an automobile accident. The cause was tried with a jury; the action was dismissed in open court as to the Miller Automobile Company, and the jury returned a verdict in favor of the plaintiff and against the defendants Bagwill and Hawley in the sum of $10,000. The defendant Hawley alone appeals upon typewritten transcripts. Pending the appeal the plaintiff died and her administratrix has been substituted in her stead, but for the purpose of clarity we will continue to refer to the original plaintiff as the respondent herein.

At about 11 o’clock in the evening of February 27, 192-6, in the city of Sacramento, the respondent was riding with appellant and the latter’s wife as their guest in appellant’s automobile. The three were seated together in the front seat, Mrs. Hawley riding in the center next to appellant and the respondent riding on the extreme right. The appellant operated a store, which was located on J Street, about 150 feet from its intersection with Thirty-first Street.…