Dillon

This is an appeal by the defendants froin a judgment against 'them for $10,000 in an action brought to recover for personal injuries to plaintiff and damage to his automobile, alleged to have been caused by the negligence of defendant McDonald in operating his automobile while he was engaged upon the business of the other defendant, Prudential Insurance Company.

On behalf of the defendant and appellant Prudential Insurance Company it is urged that defendant McDonald was not such an agent or employee of his codefendant Company at the time of the accident as to enable plaintiff to invoke the doctrine of respondeat superior; that McDonald was not acting as agent for the Company at the time of the accident because he was on his way to and had not reached the place of his employment; that the use of the automobile by McDonald was not within the scope of his employment. Those questions of fact were all submitted to the jury under most comprehensive instructions and the jury has decided them in favor of the plaintiff. It only remains to us, upon appeal, to find in the record some substantial evidence justifying these findings.

We shall set forth the facts which undoubtedly influenced…