Kish

This is an appeal from a judgment of a nonsuit in an action for damages for personal injuries alleged to have been suffered by plaintiff as the result of a collision between an autotruck owned by the defendant and driven by an employee of the defendant, California State Automobile Association, and another autotruck in which the plaintiff was riding at the time of the accident. The relationship of employer and employee is admitted by the defendant and this appeal presents the single question of whether or not the evidence adduced by the plaintiff was sufficient to show that, at the time of the accident, the employee was acting within the scope of his employment. In support of her cause of action the plaintiff relies solely upon the testimony of Kelley, the employee of defendant and the driver of the truck at the time of the collision. The facts as embodied in his testimony, which are pertinent to the point presented, briefly stated, are these: Kelley and one Daughters were employed by the California State Automobile Association in the work of installing road signs, and used in this work a truck of the defendant association. They had no stated hours of employment, the number of…