Newby

This case involves a claim for damages for wrongful death growing out of che overturn of an automobile owned by appellant and driven by its employee, Hair. On a former appeal, Reynolds Tobacco Co. et al. v. Newby, 9 Cir., 145 F.2d 768 , we reversed a judgment against appellant and its district supervisor, Donnelly, and remanded the cause for a new trial. On the second trial there was a verdict and judgment against appellant alone.

A number of the points now argued were discussed in the former opinion and decided adversely to appellant. There is no need to go over them again. Enough to say that we find nothing in the present record to upset the holdings on these points. Accordingly we pass at once to a consideration of such new matters as the appeal presents.

1. The former judgment was reversed because of error committed in submitting to the jury the alternative issue of appellant’s negligence in retaining in its employ an allegedly reckless and incompetent driver. We thought there was error in admitting evidence of a specific act of reckless driving on Hair’s part, knowledge of which was not brought home to appellant; and we held the remaining evidence too equivocal to warrant a…