Flynn

This is an action to recover damages for personal injury. The defendant Wallace appeals from a judgment based upon the verdict of the jury in favor of plaintiff.

The sole ground for the appeal is the refusal of the court to give an instruction requested by the defendant.

We have reached the conclusion that the judgment must be affirmed.

The Pleadings

By his complaint plaintiff alleged that he was a passenger in a certain Dodge vehicle which was proceeding in a westerly direction on Glenoaks Boulevard in the process of making a left-hand turn to go south on Central Avenue in the city of Glendale; that at that time the defendant Wallace operated his vehicle in an easterly direction on Glenoaks Boulevard in *594 sueh a careless and reckless manner as to cause it to collide with the vehicle in which the plaintiff was then riding causing plaintiff to sustain certain injuries, disabilites and damage. By his answer appellant Wallace denied negligence on his part and as an affirmative defense pleaded that plaintiff and one Buzzell were engaged in a common and joint enterprise at the times and places mentioned in the complaint and that each had the right to control the operation of…