Brown

Mrs. M. A. Brown was struck by an automobile which was being driven by one of the employees of Montgomery Ward & Co. She died of the injuries sustained. Her heirs sued for damages. Prom a judgment in favor of the plaintiffs the defendants have appealed.

The defendants claim that the evidence did not show that at the time of the accident the defendant Yinje, who was driving the automobile, was acting within the scope and course of his employment. Mr. Yinje is an accountant; he owns his automobile and resides in Berkeley. At the time of the accident he was a traveling auditor for the defendant Montgomery Ward & Co. That company maintains a store in Oakland and a chain of stores located in different parts of the state. The head auditor is attached to the Oakland store. He has an assistant. Besides that assistant the company has two or more traveling auditors. Prom time to time the head auditor and the traveling auditor, as the witnesses testified, “lay out a program of audits for a trip.” That program includes certain designated stores and a certain designated period for the trip. Mr. Yinje was paid a certain sum per week and he was allowed to travel in his own automobile and the…