Nehi Bottling Co. of Boaz v. Templeton

CARR, Judge.

The complaint in this case was originally filed by Mr. Whitt Templeton. After his death the cause was revived in the name of his wife as administratrix.

In the court below there was a verdict and judgment in favor of the plaintiff.

It is insisted that the defendant was due the general affirmative charge. If there is any merit in this position, it must relate to the question of the agency of the driver of appellant’s truck.

Without dispute in the evidence appellant’s truck and Mr. Templeton’s automobile collided and damage resulted to the latter’s car. By the proof of this fact the…