Sweat

San Francisco Examiner Division, Hearst Publishing Company, Inc. (Examiner), cross-complainant below, appeals from an order granting a motion for summary judgment and from the judgment entered thereupon in favor of William Sweat (Sweat) and Eldorado Insurance Exchange, respondents here and cross-defendants below.

The uncontested facts may be briefly summarized. Sweat was engaged as a route manager for the Examiner, a daily *495 newspaper. In the course of his duties, which required him to distribute the Examiner’s newspapers, he employed newsboys to whom he delivered bundles of papers. Sweat caused the newsboys to be covered by workmen’s compensation insurance with respondent Eldorado Insurance Exchange as his insurance carrier.

The Examiner bundled some newspapers with heavy wire and, on the morning of September 5, 1960, delivered the papers to a point where they were picked up by Sweat. Some of these papers were subsequently delivered by Sweat to the home of one James Deal (Deal), a newsboy in the employ of Sweat. The wires binding the bundles of papers had been cut by Sweat and left with the papers at a dark place in Deal’s driveway. In the early morning hours when Deal…