Martinelli

Plaintiff suffered personal injuries caused by a collision between a motorcycle which he was riding and an automobile driven by the defendant Noonan and owned by his employer, the defendant Bond. In this action, brought to recover damages for such injuries, a verdict was rendered in favor of plaintiff against both defendants. From the judgment following such verdict the defendants prosecute separate appeals. This appeal is by the defendant Bond.

The appellant contends, first, that any judgment against him was erroneous, for the reason that the" automobile was being used at the time of the accident by the defendant Noonan for a pleasure trip, and was not then engaged in the transaction of his employer’s business; and, secondly, that the evidence shows that the injuries complained of were caused solely by the negligence of plaintiff and not by or through any carelessness or negligence on the part of either defendant. Under the conclusions that have been reached, it will be necessary on this appeal to consider the first contention only.

The automobile which collided with plaintiff’s motorcycle was purchased by the defendant Bond for use in the business transacted by him under the…