Adams

Plaintiff began this action to recover damages for injuries sustained in an automobile collision alleged to have been due to the negligence of John Stange, an employee of the Tuxedo Land Company. The defendants had judgment and the plaintiff appeals.

Only two questions are presented for consideration: First: Was the defendant John Stange guilty of negligence, proximately causing the injury? And, second: Was he, at the time of the collision, acting within the scope of his employment as a laborer of the Tuxedo Land Company?

The appellant urges an additional point for consideration, to wit: That the court erred in overruling plain tiff’s demurrer to the cross-complaint by John Stange, wherein judgment was asked against the plaintiff in the sum of $57. As no judgment for damages was awarded the defendant Stange, whether the court erred in so ruling is wholly immaterial.

The transcript shows that the Tuxedo Land Company is a corporation and the owner of a subdivision within the corporate limits of the city of Stockton. Its business was the sale of lots, laying of sidewalks, water pipes, setting out trees, and other work in connection with improving the subdivision known as Tuxedo…