Perry v. Haritos

The direction of the verdict and a single ruling upon evidence, are the questions we are asked to review upon this appeal. The court directed the verdict upon two grounds: (1) that the plaintiff had failed to prove that the decedent Perry was free from contributory negligence, and (2) that Hawley, the driver of this truck, was not at the time of this accident in the execution of the defendant’s business within the scope of his employment. The right of the jury to find negligence upon the part of this driver as a proximate cause of this accident, is conceded by the defendant’s counsel, so that…