Whitehurst v. . Elks

Pee Cueiam.

It may be conceded, without deciding, that there was evidence at the trial of this action tending to show a relationship between the defendant F. A. Elks and the defendant J. H. Dunbar, such that negligence on the part of the defendant J. H. Dunbar, resulting in the death of plaintiff’s intestate, would- have been imputed to the defendant F. A. Elks on the principle of respondeat superior. On the facts shown by all the evidence, the defendant E. A. Elks was liable to the plaintiff in this action only on this principle.

The trial court, being of opinion that there was no evidence…