262 F. 232 | D.C. Cir. | 1920
Appeal from a judgment in the Supreme Court of the District for the plaintiff,- appellee here, for damages resulting from the breaking of a plate glass window by the negligence of an employe of the defendant, appellant here, in operating defendant’s automobile.
The case was tried by the court without a jury upon an agreed statement of facts to the following effect: An electric automobile truck, belonging to and in use by the defendant company in the conduct of its express business, was standing at the curb ahout 120 feet from plaintiff’s place of business in this city. The driver of the truck had temporarily left it “to make certain deliveries.” Prior to leaving he had removed the starting key and placed it under the front seat of the truck. During the absence of the driver a third person requested the “helper” to move the truck, that the person in question might gain entrance to a point opposite plaintiff’s place of business, which he knew to be the next stopping place on the route. When that place was reached, a lamp post was knocked over and against plaintiff’s plate glass window, through the negligent handling of the truck. At the time of the accident the helper was in the employ of the defendant company, and wore a cap with “Adams Express Company” on it, “but had been expressly forbidden to drive or operate machines of said express company.” These instructions were given him personally, numerous signs and notices were posted at defendant’s warehouse to the same effect, and the rule books furnished all employés forbade the driving or operating of machines by helpers. This helper had not previously served on this particular route, but had served as helper with other drivers on trucks owned and operated by the defendant company. Just what were the duties of a helper does not appear.
A helper, according to the Century Dictionary, is:
“One who helps, aids, or assists; specifically, one who is employed as assistant to another in doing some kind of work.”
It results,- therefore, that the helper in the present instance was the assistant of the driver in delivering and collecting packages for the defendant. The truck was a necessary instrument in carrying out that purpose, and it is a reasonable inference that, when the driver left the truck to make a delivery, the helper was left in charge. At the moment he was the sole representative of the defendant, and, when he under
The judgment is affirmed, with costs.
.Affirmed.