Counihan v. Lufstufka Bros. & Co.

While attempting to cross a street in Oakland plaintiff was struck and injured by an automobile driven by the defendant Beran; and she brought this action for damages against him and his co-defendant Lufstufka Bros. & Company (a copartnership) claiming that the accident was caused by the negligent operation of the automobile and that said copartnership was liable therefor under the doctrine of respondeat superior. A motion for nonsuit was granted as to the copartnership, and from the judgment entered thereon plaintiff prosecutes this appeal. The question presented for determination is,…