City of Sacramento v. Central California Traction Co.

This is an action brought to recover moneys paid by the City of Sacramento, a municipal corporation, to city employees injured in the course of their employment by the Central California Traction Company. Judgment was rendered in favor of the City for the amount sued for, and an appeal has been taken to this court from the order denying the motion for a new trial and from the judgment.

On and prior to the twelfth day of January, 1921, the City of Sacramento was the owner of a certain unit of firefighting equipment, consisting of a motor-truck, attached to which was a hook-and-ladder truck, the entire apparatus measuring sixty-two feet in length and weighing about fourteen tons. This apparatus was operated by a crew of seven men, including a driver who had charge of the motor-truck, and a tillerman mounted on the hook-and-ladder trailer who guided the two wheels of the trailer by means of a tiller wheel, but had no control over the speed or route of the tractor.

On the 12th of January, 1921, some time prior to 9 o’clock in the morning, this equipment was taken by its crew for the purpose of getting a supply of gasoline at a service station about four blocks away. After obtaining…