Maberto

On February 22, 1927, Benedetta Maberto (who will hereafter be referred to as respondent) was struck and injured by an automobile owned by appellant Dees and driven by defendant Wolfe. Respondent at the time she was struck was standing within the legally established safety zone on Market Street just west of Powell Street, in the city of San Francisco. She was knocked unconscious and sustained a fracture of the fingers of her left hand and other injuries. No complaint being made that the award of damages is excessive we will not refer further to her injuries.

There is but one question of fact concerning which a dispute arises, namely, was defendant driving the automobile for or on behalf of appellant Dees. Defendant Wolfe testified that on the morning of February 22d—the date of the accident—appellant called him on the telephone at Stockton and asked him to drive his (appellant’s) car and take appellant’s family from Stockton to San Francisco, that he did so and was driving the car at the time of the accident. Subsequently Wolfe spoke' to appellant about it, and appellant informed him that there was no need for him to worry, that the car was insured and that if any trouble came up…