Overgard v. Beaverson

[450]

DORAN, J.

The three above-entitled actions were consolidated for tial. Plaintiff in each action recovered judgment from which defendant appeals. As. pointed out by appellant, “The question of law, on which the appeals are predicated, is the same in each action so the cases are consolidated in appeal. ’ ’

Appellant recites the facts as follows:

11 "On November 27,1946, the defendant Robert Paul Beaver-son rented from the Appellant, Catalina-Wilshire Auto Rental, Inc., (hereinafter referred to as Catalina-Wilshire), a certain 1941 Chevrolet Cabriolet automobile. Later in the evening, while Beaverson was proceeding westerly on Washington Street, in the City of Los Angeles, he collided with the 1934 Ford Sedan owned and operated by the plaintiff, Leslie M. Tilgner, which had been proceeding easterly on Washington Street and was making a left turn into Dell Avenue. As a result the plaintiff Tilgner and his passenger, Overgard, received personal injuries, and Edith A. Rogers, another passenger, mother of the plaintiff Donald Mitchell, was killed.

“At the beginning of the trial, the defendant, Robert Paul Beaverson, having never been served and being outside of the state of California, and the other named defendants having never been served, the Court, on its own motion, dismissed the action as to all defendants, both named and fictitious, except as to the defendant, Catalina-Wilshire. At the conclusion of the trial, the Court found that the accident was the result of the negligence of Robert Beaverson, and thereupon imputed such negligence to Catalina-Wilshire, by virtue of section 402 of the Motor Vehicle Code, and, in compliance with subsection (b) thereof, reduced the various judgments as to Catalina-Wilshire to comply with the limitation of amounts therein provided.

“ It is to be noted that there is no finding that the appellant Catalina-Wilshire was the owner of the Chevrolet driven by Beaverson, but that it was a ‘bailee.’ In fact, the Tilgner and Overgard complaints do not even allege ownership on the part of Catalina-Wilshire. The only testimony as to the ownership of the automobile was that offered by appellant to the effect that the automobile was in fact owned by Norman’s Auto Sales, one of the defendants previously dismissed from the action, and that it had been loaned to Catalina-Wilshire with permission to rent it out if additional cars