Kiamichie Church and Janella Church v. Windrop Ingersoll and Frances W. Ingersoll, (Two Cases)

MURRAH, Circuit Judge.

The sole question on this appeal .is whether one Walter Kimberlern was acting in the scope of his employment as an agent of the appellees when he was involved in an automobile accident, resulting in injuries to the appellants.

The question is presented under undisputed facts to the effect that Kimber-lem was employed by appellees as a ranch hand on an hourly basis. He lived about ten miles from the appellees’ ranch and did not enter upon his duties until he reached the ranch. Appellees did not undertake to provide transportation to and from Kimberlem’s home, and exercised…