Hupp

At the time involved herein the defendant was engaged in paving certain streets in a section of San Diego known as Point Loma. The plaintiff was employed as a truck driver by the Orndorff Company, which company, under an agreement with the defendant, was hauling materials for this paving and also doing such towing for the defendant as might be required. For our present purposes it may be said that Santa Cruz Avenue runs east and west, being intersected at right angles by Santa Barbara Avenue, which runs north and south. It is also intersected by Venice Street, which is a block east of Santa Barbara Avenue, and by Catalina Boulevard, which is a block east of Venice Street. On May 20, 1930, the defendant notified the Orndorff Company that it desired to have a trailer towed from this paving job to the scene of another operation in East San Diego, some ten or fifteen miles away. The plaintiff, while hauling a truck load of material, was notified of the request and of the fact that another truck sent for the purpose had broken down. Being himself in charge of assigning work to the various truck drivers for the Orndorff Company, the plaintiff dumped his load and proceeded with his truck…