Lufkin

This is an action for damages brought by Ida G. Lufkin against Patten-Blinn Lumber Co., a corporation, and B. W. Dalton, for personal injuries sustained by plaintiff when struck by an automobile driven by defendant Dalton while plaintiff was crossing Main Street in the city Of Los Angeles, at or near the intersection of Seventy-eighth Street, on December 15, 1934. The complaint alleged that at the time of the accident the automobile involved therein, which was owned by defendant lumber company, was being driven by defendant Dalton in the scope of his employment. The answer denied that defendant Dalton was at the time acting as the servant, agent or employee of the defendant lumber company, and further alleged that the driver of the automobile did not have the consent of the defendant lumber company to drive the automobile on the occasion of the accident.

With the issues thus framed, the cause was tried before the court, sitting without a jury. The trial court found that the defendant Dalton was not, at the time of the accident, performing any act as the servant, agent or employee of the defendant lumber company, but that he was driving the automobile with the consent, both…