Bushnell

While walking across a street in San Francisco, plaintiff was struck and injured by a Ford delivery truck owned by the defendant Peoples Laundry Company and driven by its employee and co-defendant Tashiro; and subsequently he brought this, action for damages against the owner and the driver, claiming that the accident was caused by the driver’s negligence. Upon trial a jury ren dered a verdict against both defendants for the sum of $6,500, and from the judgment entered thereon Peoples Laundry Company prosecutes this appeal. The accident occurred on a Sunday evening about 6 o’clock on Folsom Street, near Ninth, a short distance from the laundry, and the sole ground urged for reversal is that the evidence establishes as a matter of law that at that time Tashiro was not performing any service within the scope of his employment, but was using the truck for his own pleasure and convenience without the knowledge or consent of his employer; and that consequently appellant .is absolved from liability.

The decisions are uniform in holding that in an action for damages against an employer for personal injuries caused by the negligence of his employee while operating the employer’s…