Adams

Plaintiff was awarded judgment for damages for personal injuries which were alleged to have been sustained by reason of an automobile belonging to the defendant having collided with the person of the plaintiff. The appeal is from the judgment and from an order denying a motion for a new trial.

It was admitted at the trial that the automobile, the operation of which caused plaintiff’s damage, was owned by the defendant, and in the bill of exceptions it is stated that there was evidence to show that the automobile was being negligently operated at the time of the accident. The undisputed evidence showed further that the chauffeur in charge of the automobile at the time of the accident was under monthly employment with the defendant. The chief dispute was as to whether at the time the accident occurred the chauffeur was performing any of the duties of his employment or acting within the scope thereof. The defendant testified that th'e day of the accident was a holiday and that on the night preceding he had been out with the car and that when he was brought in by the chauffeur he gave the latter direction that, as the next day was a public holiday, the chauffeur was not to work, but…