Mathes
Mathes v. Aggeler & Musser Seed Co.
Opinion
Lead Opinion
Shaw, J.
In an action to recover damages for personal injuries, alleged to have been caused by the negligence of the defendants, the plaintiff recovered judgment and the defendants appeal.
The points urged in support of the appeal have no merit and require little discussion.
The allegation of the complaint charging negligence stated that at a time and place described, the two defendants, each driving an automobile, “so negligently operated their respect tive automobiles that the same collided one with the other, forcing the automobile of the defendant, Euth Purcell, violently over against the plaintiff while she was standing at or near the sidewalk of the said intersection, and'injuring her as hereinafter set out.” It is the established law in this state with respect to allegations of negligence by one operating a car or other vehicle, that it is sufficient to aver that he operated the same in a manner so negligent that it struck the plaintiff and injured him, and that the exact manner of the injury need not be otherwise described. (Stein v. United Railroads, 159 Cal. 370 , [ 113 Pac. 663 ].) The defendants concede that this may be true where there is but one person and one vehicle…