Hall

Defendants appeal from a judgment in favor, of plaintiff, awarded as damages for personal injuries.

Roberts was employed by his codefendant, whose place of business was in Los Angeles, as a traveling salesman of oil, and, in the performance of his duty, which required him to travel in Los Angeles and adjoining counties, the Oil Company provided him with an automobile and at all times furnished the oil and gasoline necessary in the operation thereof. His daily duties covered the period from 8 o’clock A. M. to 5 o’clock P. M. With the consent of his employer, Roberts used a garage at his home in Alhambra, wherein the car was kept at night and when not in use. In addition to his use of the car in traveling back and forth from his residence to the oil company’s place of business in Los Angeles he had the privilege, when not on duty to his employer, of using it for pleasure rides and purposes of his own. On the day of the accident he returned from Orange County to the yard of the Oil Company at approximately 5 o’clock P. M.; whereupon, his day’s work being at an end, he, in his car, came up town, in Los Angeles, where, at Fourth and Spring Streets, he had an appointment to meet a…