Lord Thankerton.:-

This appeal concerns solely the responsibility of the appellant for injuries received by the infant respondent owing to the negligent driving of a motor car owned and driven by one Stinson, employed by the appellant as a carpenter and general handy-man. The action, which was directed against Stinsor. and the appellant was tried before Rose CJ and a jury in January 1939. The jury found that the accident was caused by Stinson'a negligence and assessed the damages at $ 10,000,00 to the respondent and $ 500 to his father. No question was left to the jury as to the liability of the appellant, and the learned Judge directed judgment to be entered against Stinson, and reserved judgment as to the appellant's liability; on 12th July 1939, the learned Judge dismissed the action as against the appellant, holding that the driving of the motor car was not in the course or within the scope of Stinson's employment by the appellant. An appeal by the respondent was dismissed by the Court of Appeal for Ontario on 15th December 1939, by a majority of four to one. On a further appeal by the respondent, the Supreme Court of Canada, on 4th April 1941, unanimously allowed the appeal, an