Parra
Parra v. Cleaver
Opinion
Lead Opinion
Marks, J.
This action grew out of an automobile accident occurring on the eighteenth day of September, 1926, in the town of Buena Park in Orange County. Jose Parra was then an infant of the age of sixteen months. Appellant was the proprietor of the Sanitary Laundry. At the time of the accident L. A. Baumstark was operating a laundry truck as the agent and servant of appellant and was acting within the scope of his employment. On the evening of September 18, 1926, at some time between 6:15 and T o’clock P. M., Baumstark drove into the yard of a house occupied by the family of Manuel Parra, the father of the infant, and delivered some wet wash to the Parra home, leaving the truck standing in the yard about fifty feet from the house. Returning to the truck he saw several children, all under the age of eight years, playing around or near the vehicle. Approaching its left side and throwing the empty laundry bag over the seat into the car he walked around the rear end to see that no children were in his way before backing preparatory to driving from the premises. Coming around to the right-hand side opposite the cab and stepping up on the running-board he told the children to get away from the…