Quint
Quint v. Dimond
Opinion
Lead Opinion
Smith, J.
Appeal from order denying defendants’ motion for change of place of trial. The suit was brought in the superior court of the county of Glenn, to recover damages for destruction of plaintiff’s grain by fire, which, it is alleged, was caused by the defendants’ negligence in operating a combined harvester and traction-engine on an adjoining tract. '
The defendants Dimond were the owners of the machine, but it is alleged, in effect, that they and the defendant Jenkins were, at the time of the accident, “in the exclusive control and management of [it], in the use and operation thereof,” and that the fire was caused “by the careless and negligent manner in which said traction-engine was operated by the said defendant,”—i. e. defendants. (Code Civ. Proc., see. 17.)
The defendant Jenkins is a resident of Glenn County; the other defendants, of the county of Alameda. Demand to change the place of trial to the latter county, with affidavit of merits and notice of motion, was made by the defendants, on appearing, and was denied by the court, which is the order appealed from.
The grounds urged by the appellants for a reversal of the order are: 1. That the complaint does not' state a cause…