Grissim

On the first day of December, 1922, the plaintiff was walking westerly on the south side of Market Street and was in the act of crossing Third Street. At the same time the defendant Clyde A. Griffin was driving an automobile southerly on Third Street. As he attempted to pass the plaintiff his right front wheel hit the left foot of the plaintiff. Thereafter she commenced an action to recover damages for the injury sustained in the accident.

In her complaint she made Clyde A. Griffin one of the defendants and A. C. Blumenthal & Company, a corporation, another defendant. The corporation was joined on the theory that at the time of the accident Clyde A. Griffin was an employee of the corporation and was engaged in the performance of his duties as such employee. Both defendants answered, a trial was had before the trial court sitting without a jury. The trial court made, findings of fact against both defendants and ordered a judgment entered .thereon. From that judgment the defendant corporation has appealed under section 953a of the Code of Civil Procedure.

Appellant makes the point that it was not liable because the record does not show that at the time of the accident Griffin was…