Christensen v. Gammons

MYERS, Associate Judge.

Appellee’s automobile, operated by his chauffeur, Edward Moon, collided with a parked automobile owned by appellant Neils C. Christensen, as a result of which he and the other appellants, passengers therein, were injured. They filed suit against ap-pellee, alleging that his employee was not a fit driver and that appellee knew, or by the exercise of reasonable care should have known, this fact. Appellee relied upon the defense that an Act of God caused the chauffeur to become suddenly ill, with the accident subsequently ensuing. The case was tried to a jury, which…