Stewart v. McCollister

Plaintiffs appeal from a judgment entered in favor of defendant McCollister in an action brought to recover damages for personal injuries allegedly caused by defendant’s negligent operation of his automobile.

The cause was not tried upon all issues but the judgment was entered after a trial by the court of a single issue raised by way of special defense in defendant McCollister’s amended answer. Said defendant alleged therein that at the time of the accident, he was employed by the city of Los Angeles; that he was acting within the course of his employment with said city; and that plaintiffs…