Singh v. Furuta

ADAMS, P. J. Plaintiffs sued defendants Furuta and Poole for damages for personal injuries sustained by plaintiffs when the automobile in which they were riding collided with an automobile owned and driven by defendant Furuta, it being alleged that the said accident was due to the negligence of Furuta, and that, at the time of the accident, Furuta was “the duly authorized agent and employee” of defendant Poole and was “acting within the scope of his employment.”

The action was tried by the court sitting without a jury, and at the conclusion of the trial findings were made in favor of plaintiffs as to all of the allegations of their complaint except that it was found “that at the time of said accident said defendant, James Furuta, was not acting as the agent of said Frank Poole nor was he acting within the scope of his employment by said Frank Poole. ’ ’

Judgment was entered awarding damages to plaintiffs [697]against Furuta alone, and plaintiffs have appealed contending that the trial court erred in failing to hold defendant Poole also liable for the damages awarded. It is stated by appellants in their closing brief that as to the law, counsel for the respective parties are “more or less” agreed, and that the sole question is whether the facts justified the judgment of the court. It seems to be conceded that unless the evidence establishes that at the time of the accident Furuta was engaged in the business of his employer and in carrying out the orders of such employer, defendant Poole incurred no liability. The question then seems to resolve itself into one of fact; and it is not within the province of this court to weigh such evidence, but merely to determine whether there is any substantial evidence to sustain the contested finding of the trial court, considering the evidence in the light most favorable to respondent and disregarding conflicts therein. We shall so consider the evidence produced in this case.

Defendant Poole owned and operated two peach orchards, one known as the “Home Ranch” and the other as the “Penny Ranch.” Furuta was employed by Poole as a laborer. He lived at a home of his own, and drove to his work each day in his own automobile. He worked sometimes on the Home Ranch and sometimes on the Penny Ranch, as directed by his employer. On the day preceding the accident (a Saturday) he was engaged in thinning peaches on the Penny Ranch, and at the end of that day, according to his own testimony, was told by Poole that if it was a quiet day next day he would spray at the Home Ranch. On said following morning he left his home before six o’clock, on his way to the Home Ranch. Instead of going directly to the Home Ranch he went first to the Penny Ranch, and was proceeding thence to the Home Ranch when the accident occurred. He stated that the only reason he went to the Penny Ranch was because he thought he would go around that way to see what Dan (another of Poole’s employees) thought about it being a clear day; and that he was going to the Home Ranch anyway; that he was due to report at the Home Ranch at 6:30; that he did not work at the Penny Ranch that morning, as he had seen that it was a quiet day and had decided to spray at the Home Ranch. He also testified that when traveling to and from work Poole’s employees used their own cars, and when traveling between ranches, or on Poole’s time, they used Poole’s