Hatchimonji v. Homes

This is an appeal by K. Hatchimonji from a verdict and judgment giving to A. Gr. Homes and Evaline H. Homes, his wife, damages for personal injuries sustained by the latter in a collision between the appellant’s automobile, while being driven by Aimee Komura, alleged to be the owner’s agent, and the Homes automobile, being driven by Evaline H. Homes.

The appellant, at the close of the case, moved for an instructed verdict upon the ground that the undisputed evidence was that the driver of his car at the time of the accident was not acting as his agent within the scope of her authority. The…