CARNES v. PACIFIC GAS ELECTRIC CO (1937)

District Court of Appeal, Third District, California.

CARNES v. PACIFIC GAS & ELECTRIC CO et al.

Civ. 5671.

Decided: July 26, 1937

Thomas J. Straub, Clinton F. Stanley, and W. H. Spaulding, all of San Francisco, for appellants. Clarence N. Riggins, of Napa, for respondent.

The record in this case shows that there is absolutely no merit in the appeal by the defendant, Aaron S. Kipsey. His personal liability is entirely unaffected as to whether he was or was not in the course of his employment at the time his negligent act caused the collision which resulted in the injuries to the plaintiff. That a joint statutory bond on appeal may have been given herein which secures the payment of the judgment against the defendant Kipsey furnishes no basis either for a reversal of the judgment as to him or the granting of the petition for a rehearing. As to the appellant, Pacific Gas & Electric Company, its liability as the owner of the automobile driven by the defendant, Kipsey, is limited by law to the sum of $5,000, and this liability is in no wise added to or lessened by the order of this court in modifying the judgment from what it would have been if the order of this court had reversed the judgment in so far as it affected the Pacific Gas & Electric Company, and directed the trial court to enter judgment against the company in the sum of $5,000.

The petition for a rehearing herein is denied.

PER CURIAM.