Hanchett

On November 6, 1926, the plaintiffs, who were husband and wife, were riding in an automobile on the highway between San Diego, California, and Tijuana, Mexico. At a point on the highway, approximately ten miles southerly from the city of San Diego, their car came into collision with one driven by Conway Wiseley, and Elizabeth C. Hanchett was injured. A trial by jury was waived and the trial court entered judgment against both defendants. There is no question of Wiseley’s negligence and that respondents are entitled to judgment against him.

The trial court found, in its finding number three, “That at the time of said collision said Conway Wiseley was employed by defendant, Reo Motor Car Company of California, a corporation, as its servant and employee, and at the time of the collision, hereinbefore mentioned, said Conway Wiseley was operating and driving and controlling the said automobile in which he was riding for said defendant, Reo Motor Car Company of California, a corporation, and was acting within the scope of his employment by said Reo Motor Car Company, a corporation, at the time of said collision and as the servant and employee of said defendant, Reo Motor Car Company of…