Sieber v. Russ Bros. Ice Cream Co.

Opinion by

Mr. Justice Frazer,

Plaintiff’s husband was instantly killed by an automobile delivery truck belonging to defendant, a manufacturer and vendor of ice cream. At the trial plaintiff offered in evidence that part of the statement of claim *342which averred defendant owned the truck in question and that it was operated by its agent's and employees in a careless and negligent manner, together with the portion of the affidavit of defense admitting defendant’s ownership but denying that at the time of the accident the truck was in its possession and operated by its agents or employees.…