Schatte

This is an action to recover damages for personal injuries sustained by plaintiff, such injuries having been caused, so it is alleged, by the negligence of the defendant McJimsey in the operation of a certain automobile bus which was the property of defendant D. B. Maurice, doing business under the fictitious firm name of West Coast Rapid Transit Co. During the trial of the action it was stipulated that defendant McJimsey was the agent and employee of defendant D. B. Maurice and it appears beyond question that he was acting in the scope of his employment at the time of the accident.

The accident occurred on April 6, 1928, on Hermosa Avenue in the city of Hermosa Beach, California. Plaintiff was in the employ of a company which was doing certain street grading work in said city and with two other employees of said company was being transferred from the location of one piece of grading work to another in a Ford automobile. The Ford automobile was the property of an employee of the company which was doing the street grading work, and was being operated by the owner, who appears to have had some arrangement with his employer to convey employees of the company from one location to…