Angco
Angco v. Standard Oil Co. of California
Opinion
Lead Opinion
Norcross, J.
This action grows out of an automobile accident which occurred between the hours of 7 and 8 p. m. on June 10, 1930, on a highway on the Island of Maui, about three miles from Paia and five miles from Kahului 1 Harbor, in which Felix Angeo, the father of plaintiffs, together with another person, was killed, and a third party injured. An automobile driven by one Warner, traveling at a high rate of speed and in a direction toward Kahului, crashed into a truck parked on the highway. The persons killed and injured were standing off the public highway, and beside the parked truck which was swung completely around by the force of the impact.
The questions presented on appeal turn lipo-n the liability of the appellee for the tortious act of its employee Warner in causing the accident. As the master is not liable for the acts of his agent except when the acts performed are within the scope of the agent’s employment and for the benefit of the master, we shall confine ourselves to the circumstances surrounding his employment and his acquiring and operating the automobile. We are not here concerned with ratification of acts done in excess of authority.