Dennis
Dennis v. Miller Automobile Co.
Opinion
Lead Opinion
Plummer, J.
On the sixth day of December, 1922, the plaintiff was injured as the result of a collision between two automobiles, one owned by the appellant. Miller Automobile Company, and the other by the defendant, S. S. Al-bright Company. The collision occurred at the intersection of Tenth and S Streets in the city of Sacramento. Plaintiff obtained judgment against the appellant, Miller Automobile Company, for the sum of $1,800. Prom this judgment the Miller Automobile Company appeals. No issue is raised as to the sufficiency of the evidence to justify the findings of negligence on the part of the driver of the Miller Automobile Company, nor is any issue tendered as to the extent of the injuries suffered by the plaintiff, it being apparent that the amount of the damages awarded are very reasonable in view of the extent of the injuries suffered by the plaintiff. At the conclusion of the introduction of the plaintiff’s testimony the trial court granted a nonsuit to the S. S. Albright Company and continued the action against the appellant, Miller Automobile Company. The only question tendered for decision upon this appeal is whether or not the driver of the Miller Automobile Company, one Arthur…