Peccolo V. City Of Los Angeles

CURTIS, J. After the decision of this cause by the District Court of Appeal, each of the parties thereto petitioned for a hearing in this court. The action is one to recover damages for injuries sustained in a collision between an automobile in which the respondent was riding and an auto truck driven by a third person. The automobile in which the respondent was riding at the time of his injury was owned by the Department of Water and Power of the City of Los Angeles, and was being driven by one of its employees. The trial court rendered judgment in favor of the respondent, the plaintiff in the action, in an amount exceeding the sum of $5,000. The District Court of Appeal reduced the judgment to $5,000. It held that while the driver of the automobile was negligent in the operation of the automobile, the Department of Water and Power was not liable for the injury due to his negligence, for the reason that the driver was not, at the time, in the service of his employer. It held that the collision in which respondent was injured occurred while the employee of the Department of Water and Power was taking time away from his work for the purpose of having his lunch and, therefore, his employer was not responsible for the employee's negligence during such period of absence from work. However, the appellate court held the Department of Water and Power, as the owner of said automobile,  was liable under section 1714 1/4 of the Civil Code to the extent fixed by said section.