Rader
Rader v. Keeler
Opinion
Lead Opinion
Spence, J.
Plaintiffs brought this action seeking to recover damages for personal injuries sustained by plaintiff Ruby Rader. Upon a trial by jury, judgment upon the verdict was entered in favor of plaintiffs, from which judgment defendant appeals.
The determinative question raised on this appeal relates to the jurisdiction of the trial court and we will therefore set forth only such facts as bear upon this question. Plaintiff Ruby Rader, hereinafter referred to as plaintiff, was admittedly an employee of defendant. Said defendant was the owner of a concession known as a Country Store in a traveling street carnival known as the Craft Shows. Plaintiff was employed to assist defendant in operating the concession and was to receive for her services twenty-five per cent of the money which she collected from the patrons. Plaintiff had been employed by defendant for about four weeks prior to the accident during which period the carnival had operated in the towns of Imperial, Calexico, Brawley and El Centro. Plaintiff had been transported by defendant from town to town in a Ford coupe owned by defendant. On March 8, 1931, the carnival closed its stand in El Centro and defendant told plaintiff to…