McGuire

This is an appeal from a judgment in plaintiff's favor in an action for damages for personal injuries and from an order denying the defendant's motion for a new trial. The action was originally commenced in the superior court of the county of Kern. It was removed to the United States district court upon application of the defendant, Miller & Lux Incorporated, a Nevada corporation, but was subsequently remanded to the court and county in which it had been commenced, for trial. The defendant Livingston, joined with Miller & Lux Incorporated as a defendant for the reason that he was a coemplpyee of the latter with plaintiff and as such was in charge of the tractor in connection with which the plaintiff received his injuries, was never served with process and did not appear. The defendant Miller & Lux Incorporated answered denying negligence and pleading contributory negligence on the part of the plaintiff. The cause was tried before a jury. At the conclusion of the plaintiff’s case the defendant moved for a nonsuit, which motion was denied. The defendant offered no evidence and the case went to the jury upon the plaintiff’s proof, whereupon the jury returned a verdict in plaintiff’s…