Curran

An action by Edna A. Curran, the surviving wife of Daniel M. Curran, to recover damages for the death of the latter, alleged to have resulted from the negligence of appellant, Earle C. Anthony, Inc., a corporation, and Almond Houston, codefendants in the action. A verdict was returned by a jury, on which judgment was entered against both defendants and from which the corporation has appealed.

Appellant was on July 22, 1922, a dealer in new and used automobiles with its place of business in San Francisco, defendant Houston being in its employ. Among the duties of the latter was that of demonstrating to prospective purchasers the used automobiles for sale by appellant, occasionally rendering assistance at its place of business in appraising used cars, his compensation, however, being limited to commissions on the price of cars sold by him. Curran, who had formerly been in the employ of appellant, was acquainted with Houston, and from time to time communicated to him the names of prospective buyers, his services in that connection being gratuitous. On the date mentioned Curran informed Houston that one O’Doan was desirous of acquiring an automobile, and an appointment was made with…