Peters

This is an appeal by defendants United Studios, Inc., and Kenneth Damn .from a judgment following a verdict against appellants for personal injuries suffered by plaintiff and respondent Peters.

Peters, who is a moving picture actor, was struck and injured by a tractor belonging to appellant United Studios, Inc., and driven by appellant Daum. At the time of the injury Daum was in the general employ of United Studios, Inc., and had been driving the tractor for such employer for more than a year. A few days before the injury to Peters, Daum had been sent with the tractor to the Christie Film Company and while Daum was driving the tractor. in the filming of a scene for a moving picture comedy being made by the Christie Company the tractor struck and injured Peters, who was one of the characters in the scene.

The court gave the jury the following instruction: “You are instructed that, as a matter of law and as a matter of fact, the defendant Kenneth Daum, in the driving, management and operation of the tractor that struck the plaintiff on the occasion involved here, was the agent and servant of the defendant, United Studios, Incorporated, and any act of negligence, if any, on his…