Rea

The judgment is affirmed upon the first ground stated in the charge of Judge Fee instructing the jury to return a verdict in favor of the defendant, as follows:

“ * * * The only testimony in this ease as to the employment and the phase of transportation being a part of the contract of employment was as to the contract made apparently some years before in 1927, under the uneontradicted testimony in the ease, and at that time it was apparently simply a casual matter, even as the testimony was given by the plaintiff. It seems rather to be a casual matter than a part of a contract of employment. Reference was simply made to the other man who was driving a car back and forth, and it was suggested that he ride with him; likewise the testimony was that it was •also suggested to the driver of the car.

“Now in June, 1929, this whole place was sold to the present defendant, and the former owner simply became the foreman on the ranch under the defendant. There was no new contract, as far as the court can determine, with this party. There is no testimony, as I understand it, that the driver of the car on February 12th was at that time working for the defendant at all. The testimony is that…