Scheuermann

This action was brought by plaintiff to recover damages for personal injuries received by him as a result of being struck by an automobile driven by Mildred Kuetemeyer, the wife of her codefendant. The automobile, according to the testimony of Mrs. Kuetemeyer, was bought from the earnings of her husband and was owned by her husband and herself. The accident was alleged to be diie to the negligent operation of the automobile. At the close of the plaintiff’s case, a motion for a nonsuit was made by defendants and this motion was granted by the court. Plaintiff appeals from this judgment of non-suit.

The only ground specified for a nonsuit that is discussed in any of the briefs, or that merits consideration, is the failure of the evidence to sufficiently show any negligence "in the operation of the automobile.

Plaintiff’s case, as shown by the evidence introduced on his behalf, may be stated in comparatively few words. On June 14, 1917, some time between 11 A. M. and noon, the plaintiff, returning from a call upon a relative, was walking in a westerly direction upon a public highway leading from Niles to Hayward, in Alameda County, at a point near Hayward. The highway was…