Gates

Action for damages caused by the negligent operation of an autotruck. Plaintiff had judgment and defendant Daley appeals.

[1] The autotruck was the property of appellant and the defendant George Edge was employed by him to drive it. In the regular course of his employment Edge went on a long trip with the vehicle, accompanied by his wife. At a point on the journey Edge became fatigued and, in order temporarily to rest himself, allowed Mrs. Edge to operate the truck. It was while she was at the wheel that the accident occurred out of which this litigation arises. Edge had no authority from appellant to engage a substitute or assistant to drive the truck.

Appellant contends for a reversal of the judgment against him on the ground that Mrs. Edge was not employed by him, nor under any authority conferred on Edge by him, to operate the truck, claiming that the liability of an owner of an instrumentality for damages caused by its negligent operation by another person can only be predicated of the fact that such other person was at the time the agent of the owner. In support of his view appellant cites abundant authority from some of the other states, the cases referred to upholding…