Beuttler

In an action to recover damages for personal injuries the jury returned a verdict in favor of the plaintiff and from the judgment based thereon Richfield Oil Company of California, a corporation, Richfield Oil Company, a corporation, and G. Barone have appealed.

On the evening of the 23d of January, 1927, the defendant A. IT. Mann was driving a Ford truck south on the state highway at a point immediately south of the bridge across San Benito River. The plaintiff was seated at his right and was riding with him. When they reached the point above mentioned the defendant G. Barone, as the employee of the corporate defendants, was driving on oil truck, with trailer attached, in the same direction. The Ford truck collided with the rear end of the trailer and the plaintiff was injured. He commenced his action against A. H. Mann, who was driving the Ford truck, and against G. Barone and the latter’s corporate employers, charging all of them with negligence. On a. former trial the jury returned a verdict in favor of the defendant A. IT. Mann. In presenting their evidence the parties respectively claimed that the other party was guilty of several different acts of negligence. The plaintiff…