Mullia v. Ye Planry Building Co.

SHAW, J.

This action was brought to recover damages alleged to have been incurred by plaintiff as a result of defendants’ negligence in operating an automobile which collided with one owned by the former. Defendants filed separate answers, denying the alleged acts of negligence, and, in addition to its answer, Ye Planry Building Company filed a cross-complaint, wherein it alleged that by reason of plaintiff’s negligence it had incurred damages therein set forth, which allegations the court found to be untrue.

[7]

The court found in favor of plaintiff upon the issues tendered in the complaint, upon which judgment went for plaintiff, from which defendants, adopting the alternative method in presenting the record, appeal.

Respondent made no appearance at the hearing had upon the appeal; neither has he presented any brief in opposition to that filed by appellants. Under these circumstances, no duty devolves upon the court to search the record for evidence to support the findings (Code Civ. Proc., sec. 953c;

Thompson

v.

Hamilton Motor Co.,

170 Cal. 737, [Ann. Cas. 1917A, 677, 151 Pac. 122];

Williams

v.

Tingey,

26 Cal. App. 574, [147 Pac. 584]), the want of which is one of the grounds upon which appellants ask a reversal of the judgment.

It appears that defendant Keenan was employed as superintendent of construction by Ye Planry Building Company, which furnished him with an automobile, instructing him to use it as a business car to carry out the company’s instructions in superintending its work, which car, when not so used, was to be kept in a garage at Keenan’s residence. On the day in question, after the close of his work, Keenan drove the car to his home and that evening, with a friend, drove to a theater in Los Angeles, which they left at about 11:30 P. M., going to a place known as the Vernon Country Club, where they remained until about 1:30 A. M. the next day. On their return to the city, and while proceeding along the right side of an unlighted street known as Santa Pe Avenue, Keenan operating the car with the lamps burning, his car ran into a taxicab owned by plaintiff, which car at the time was not running, but standing near the curb line of the street fronting in the direction that Keenan was running his car and on the same side thereof. It had no rear light burning to indicate its presence, by *reason of which fact Keenan did not see it until so near that he was unable to turn or stop his automobile so as avoid the collision.