Vorbeck

While the plaintiff was walking along a public road in Los Angeles County in the evening of October 2, 1920, after dark, she was struck by one of appellant’s trucks which was returning to the latter’s place of business after delivering lumber to a customer.

It was Saturday, and none of appellant’s truck drivers were at its yard when this particular load was placed on the truck. One Baldwin was employed to pile lumber and load trucks, which he testified were taken out by the company’s drivers, who were sent from the office. Baldwin was not a driver, was not employed in the office, nor did he do the employing, but was generally under the supervision of a yard foreman, although at the particular time in question he was alone in the yard. A young man named Isherwood, who worked in a bakery next door, came into the yard at about 5 P. M., and assisted in loading the truck ;'Baldwin remarked that he wished the load could be gotten out so that the customers could work Sunday, to which Isherwood replied, “I will take it.” He made the delivery, and before he returned it became dark; the truck was without lights, and Isherwood did not know of respondent’s presence upon the road until she…