for work; they have to every morning; every driver has to report for work, even the'¡department drivers'; we diave'to send them'to where: ashesaaro to'be removed." And previous statements "d'f 'this same "witness showed that he distinctly understood that 'the horses, "truck' and driver were in the defendant's employ at the time of the accident, "as for example : '""When this man "brought 'this wagon up There'he •brought it .for .use by the city and delivered 'it there; 'lie deft The wagon there.;to rqpoEt-.to me.; Jib left it .in charge .of the -.city; -he had to'-report there as to its" time; die-did nottstay f'here.amb.dotany work; The horses ran'away'beforedieffiadfhe-chaneeto-go'dfber ibor bring "it to me!"
It was .not terror .to refuse .to change .the _ jury that they must render a verdict for the defendant if they found " that the -drivermnd team and'truck "belonged To a third "party;" .As Unas "already "been pointed out, ""all might" have 'beendiiredTrom'af bird 'party, Who'paid the driveris wages, and jet the city might'be. liable.
The judgment .and order .should he,.affirmed.
Hirschberg, P. J., Woodward and Miller, II., concurred: Hooker, J.,.-not"voting.
Judgment and order affirmed, with costs.