Scoville

At 3 o’clock, or thereabouts, in the morning of May 3, 1934, defendant and appellant Keglor had been driving a Chevrolet truck and trailer in a westerly direction on the 20-foot-wide state highway from Yuma toward Holtville, in Imperial County, through the desert. The truck and trailer belonged to defendant and appellant Hamilton, who had, however, leased them to defendant and appellant Universal Interstate Freight Lines, a corporation, and they were being used to transport a cargo of cotton as a part of the corporation’s business, but under the direction and control of Hamilton who accompanied the truck. The body of the trailer was eight feet wide and between the outer edges of the dual tires at its rear the distance was eight feet five inches. Keglor was Hamilton’s employee. Hamilton had personally driven the truck that night from Phoenix to Yuma and then turned the driving over to Keglor and himself lain down on the cargo and gone to sleep. Trouble having developed with the lights, Keglor stopped on the right side of the highway, and while the truck was stationary and unlighted, or its lights too dim to be seen, J. M. Scoville, originally one of the plaintiffs in the present…