Gayton

This is an appeal from a judgment of the Superior Court of Imperial County, wherein the respondent recovered judgment in the sum of $7,000 damages resulting from the death of her husband, Jose G. Gayton, caused by his being struck by an automobile truck belonging to the appellant corporation and driven by William Nighswonger on a public street in the city of Brawley on the morning of January 1, 1931. Appellants also attempt to appeal from an order denying their motion for a new trial.

The facts of the case may be summarized as follows: The Pacific Fruit Express Company, a corporation, employed William Nighswonger as its supervisor in Imperial County. He had no regular hours of employment but was subject to call upon the duties of his employer at any hour of the day or night. The appellant corporation furnished him with a light automobile truck which he used in the course of his employment and which he was permitted to use for his own pleasure. The truck, when not in use, was kept either in the garage of the employer in the city of Brawley or at the home of the employee. On the afternoon of December 31, 1930, Nighswonger was required to go upon the business of his employer from…