Valencia

This is an appeal from a judgment for plaintiff in an action for damages resulting from loss of the use of a gasoline distributing truck.

Prior to September 27, 1935, plaintiff was: engaged in the operation of Ms own service station and in the wholesale distribution of gasoline, on a commission basis, for the Mileage Gasoline Company. On that date plaintiff’s truck, which was used in connection with his business as a wholesale distributor, was being driven on the highway between Dunsmuir and Weed in Siskiyou County when it was hit by a tank that fell from a truck belonging to defendant Shell Oil Company. Defendant company’s truck was being operated at the time by its employee, defendant Foster. Plaintiff’s truck was damaged to such an extent that it could not be continued in use until repaired. It was taken to a garage in Weed and repaired at a cost of $222.30. The trial court found that defendant company ordered the repairs to be made and agreed to pay for them, and that defendant company likewise undertook to furnish and pay for the hire of a truck to be used by plaintiff while the damaged truck was being repaired.

A substitute truck was furnished by defendant company for a…