Harlow

The plaintiffs seek by this action to recover from the defendant damages sustained by them through its negligence. It is alleged in the complaint that on August 13, 1900, the defendant was engaged in doing certain street-work on Kennedy Street, in the city of Oakland, in front of the residence of the plaintiffs, making use therefor of a steam-roller, and that while so engaged the roller, by reason of the negligence and carelessness of the persons managing the same, ran against the building of the plaintiffs and injured it, and the fences, sidewalk, shrubbery, and lawns surrounding it, to their damage in the sum of two thousand dollars. The cause was tried by a jury and a verdict rendered in favor of the plaintiffs for one thousand dollars. Prom the judgment entered thereon and from an order denying a new trial the defendant has appealed.

At the close of the plaintiffs’ case the defendant moved for a nonsuit upon the ground that they had failed to establish a joint ownership of the premises. The -motion was denied, and this ruling is now assigned by the appellant as error.

It is alleged in the complaint that at the time of the occurrence the plaintiffs were, and still are,…