Leno

Plaintiffs, Alford and Blanche Leno, appeal from a judgment of nonsuit entered at the close of the presentation of their evidence in an action for damages for the wrongful death of their 20-year-old son James, who on May 9, 1965, drowned during the ocean checkout of a scuba-diving class given under the auspices of defendant, Young Men’s Christian Association of San Francisco (hereafter Y). Plaintiffs contend that they produced sufficient evidence of the Y’s liability to go to the jury, that the trial court erred in concluding that the diving course instructor was not an-agent of the Y, acting in the course and scope of his employment, and that there was sufficient evidence that the Y’s negligence was the proximate cause of the fatal accident.

Viewing the record in the light most advantageous to plaintiffs, as we must on appeal from a judgment granting a nonsuit,' the record reveals the following facts: In March 1965, Dan Murphy, a member of the Y and a close friend of the deceased, saw a scuba-diving course advertised on the bulletin board of the Y for about $35-$40. Both signed up for the course and Leno became a member of the Y.

The course was taught by George Del…