May

—An action against defendants J. W. Emerson Farrell and Edwards-Merritt Co., a corporation, to recover damages for personal injuries. After a trial by a jury on the issues presented by the answer of the corporation, defendant Farrell having failed to answer, a verdict was returned against both defendants, and from the judgment entered thereon the coroporation has appealed.

The testimony shows that at 5 o’clock P. M. on March 27, 1925, the plaintiff was injured while riding in an automobile owned and operated by L. E. Ryan. The injuries complained of were brought about by an automobile operated by defendant Farrell, which approached from the rear, striking the Ryan car, and caused the same to overturn.

It was claimed by the plaintiff that at the time of the accident Farrell was employed by appellant and acting within the scope of his employment. Appellant, which was a dealer in automobiles with its place of business in San Diego, denied the employment, and sought to show that for some time previous to the accident Farrell’s only connection with the company had been that of an independent contractor, and that this relation ceased on the morning of the day the accident…