Mendez

Five suits growing out of a single highway accident were brought against appellant in the Arizona state court. Four were for damages for personal injuries, the fifth for death. The suits were removed to the federal court on grounds of diversity of citizenship and there consolidated for trial. Verdicts were returned in favor of the complaining parties in all of them.

The suits were predicated on the negligence of appellant’s employee. The culpability of the servant is conceded, but it is contended that at the time of the accident he was on a mission of his own, and appellant is not responsible. The principal question on the appeal is whether the court was in error in refusing to direct a verdict for appellant on this issue.

Following was the proof in support of the agency: Appellant operates an interstate trucking business between Los Angeles and places in Arizona. One of-its drivers, an employee of ‘two years standing, was Joe Smith. On the evening of December 31, 1937 a truck under lease to appellant and driven by Smith left Tucson bound for Phoenix with freight billed for Los Angeles, admittedly pursuing a journey in the furtherance of appellant’s business. Entering Phoenix…