Gibbons

This is an appeal from a judgment for damages for injuries sustained by a pedestrian through the negligence of the driver of an automobile while the plaintiff was crossing a street. The chief problem is whether the owner of the machine may be held liable for the negligent operation of the automobile while it is being driven by a stranger without the owner’s authority, but in the presence of the employee who is hired for that purpose.

The defendant, who lived in Los Angeles, was the owner of the automobile. Frank Takao was employed to drive the truck in conveying produce to market. He was not authorized to procure an assistant to operate the machine. While the agent was engaged in hauling celery to market in Los Angeles, trouble occurred with the engine. A negro, who was an entire stranger to him, but who chanced to be near by, voluntarily assisted in starting the engine. Takao then invited the negro to drive the truck, which he proceeded to do. The agent sat by his side on the front seat smoking a cigarette. They drove up San Pedro Street to Twelfth Street. At this point the traffic was heavy. The machine was traveling twenty-five miles an hour. The brake was defective. The…