Balise V. Underwood

This is a wrongful death action tried to the court sitting without a jury. It arises out of an automobile accident occurring January 23, 1960, on the Stevens Pass Highway between the towns of Goldbar and Skykomish, Washington, and has previously been the subject of an appeal to this court from a summary judgment. Balise v. Underwood, 62 Wash. 2d 195, 381 P.2d 966 (1963). As in the first appeal, the principal issue brought before us revolves around whether the defendant-respondent, Morrison-Knudsen Co., Inc., is vicariously liable for the negligent operation of an automobile owned and driven by an employee, defendant James F. Underwood, who, at the time of the accident, was on his way home from work. The fact that defendant Underwood was negligent in operating his automobile and that such negligence proximately caused the unfortunate accident is not now disputed. The trial court so found and entered judgment against defendant Underwood, from which no appeal has been taken. Plaintiffs appeal from the findings of fact, conclusions of law and