Grantham

Grantham v. Ordway

Good Law
1919 Cal. App. LEXIS 106·40 Cal. App. 758·182 P. 73
Court of Appeal of CaliforniaApril 23, 1919Civ. No. 2830.California1,909 words

Opinion

Lead Opinion

Waste, J.

This is an appeal by the plaintiff from that.portion of the judgment, entered by the court in the ■above case, giving defendant Pacific Acreage Company, a corporation, judgment on motion for nonsuit.

Plaintiff was injured, during the business hours of the day, by an automobile driven by the defendant Ordway, and admittedly owned by the defendant Pacific Acreage Company, as to which defendant the nonsuit was granted. It was likewise admitted that at the time of the accident Ordway was in the employ of the Pacific Acreage Company, the disclaimer of liability 'by that defendant resting upon the denial that at that time Ordway was the agent of the company, or acting within the scope of Ms employment.

In addition to these admissions, it was shown that Ordway was the son of the president of the Pacific Acreage Company and was the general manager of the company’s ranch, located near Fresno. His work was mainly in m-anaging operations on the ranch, he purchasing.supplies and having men working under him. He testified that he “came and'went as he chose, so long as he kept the business of the Pacific Acreage Company moving and attended to. He went to town and various other places, as he…

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