Royal Finance Co. of California v. Miller

This is an appeal from a judgment of' $5,122 damages for personal injuries suffered by May Miller, the appellee, as result of an accident which occurred while she was riding in an automobile driven by George Irving on a highway between San Diego, Cal., and a real estate subdivision known as Kent-wood in the Pines, about sixty-four miles east of said city. The appellee alleged in her complaint that the accident resulted from the negligence of the driver, and that he was acting for and on behalf of the appellant at the time and place in question; that the appellant was conducting a real estate business and engaged in selling land in a subdivision in Kentwood in the Pines, and that she was being transported by the appellant in the au- ’ tomobile of George Irving as a prospective customer for property in said tract. The appellant denied that George Irving was acting as its agent, and alleged in a separate defense-that the accident was unavoidable. At the trial appellee called George Irving, the driver of the car, as her witness, and it appeared from his testimony that he was engaged by the appellant primarily for the purpose of delivering a lecture to the prospective purchasers who…