Opinion
Rehearing Granted Jan. 7, 1932.
Appeal from Superior Court, Los Angeles County; Charles L. Bogue, Judge.
Rehearing granted; CRAIG, J., dissenting.
COUNSEL
Bryce P. Gibbs, of Los Angeles, for appellants.
Fogel & Beman, of Los Angeles, and Orlando H. Rhodes, of Santa Monica, for respondent.
OPINION
CRAIG, J.
The respondent, a passenger in a public motorbus of the appellant corporation, was injured in a collision found by the trial court to have resulted from said bus being struck by another machine which suddenly appeared from an intersecting street. The car last mentioned was driven by the defendant Raymond P. McAlister, a minor, as to whom the action was dismissed. Judgment was rendered against his parents, said corporation, and its driver, the defendant Dawes. The latter and his employer appealed.
The respondent suffered injuries at the same time and in the manner detailed in St. Clair v. McAlister and Bay Cities Transit Co. (Cal.App.) 5 P.2d 914, this day decided, and the facts need not again be recited. Upon the authority of that decision, it is sufficient to state that we deem the evidence insufficient to sustain the findings of fact and judgment holding the appellants in the instant case liable in damages upon the ground that they were negligent and that their negligence was the proximate cause of the plaintiff’s injuries.
The judgment is reversed.
We concur: WORKS, P. J., IRA F. THOMPSON, J.