England

A stolen pickup truck in which the owner had left the ignition key was so negligently driven by the thief that it collided with the auto of plaintiffs, severely injuring them. In this resulting personal injury action, judgment was entered in favor of the truck owner, defendant Mapes Produce Company, and plaintiffs appeal therefrom.

The crucial issue presented to the trial court for its determination and the only one actually in dispute at the trial, is stated in the pretrial order as follows:

The trial court, sitting without a jury, concluded from its findings of fact that Mapes “could not reasonably be required to foresee the unauthorized taking of one of said vehicles by a bracero [in its employ], ...”

Plaintiffs state that “The trial court’s findings of fact are in no way challenged on this appeal” but that these facts, as so found, establish Mapes’ liability as a matter of law. A summary of the findings follows.

Findings. Mapes was engaged in farming operations near the town of Brentwood, Contra Costa County, and as a part thereof owned and operated five pickup trucks; during August 1960, as part of such operations, Mapes had in its employ approximately 100 braceros; these…