Nussbaum

This is an action for personal injuries. The case was tried by the court, sitting without a jury, and judgment was awarded the plaintiff for the sum of $439.25 against the defendants, the Union Label & Lithograph Company and R. W. Hornbeck. The defendant, Traung Label & Lithograph Company, was acquitted by the court of any culpability in connection with the cause of the injuries complained of by plaintiff, and was, accordingly, awarded judgment for its costs. The appeal here is by the other defendants, The Union Label & Lithograph Company and Hornbeck, from the judgment against them.

The Union Label & Lithograph Company was, at the time the injuries complained of by plaintiff were received by him, the agent in Southern California of the Traung Label & Lithograph Company for the purpose of selling the latter’s labels in that part of California. The defendant, Horn-beck, was in the employment of the Union Company (as for the sake of brevity we will hereafter refer to said corporation, The Union Label & Lithograph Company) as a salesman. For the purpose of facilitating the discharge of Hornbeck’s duties as a salesman of said articles, the Union Company furnished him with an…