Esponette v. Wiseman

On motion. Action to recover damages for injuries resulting from a collision between a motor cycle operated by plaintiff and a small Ford truck driven by an agent of defend*299ant, admittedly engaged in defendant’s business at the time. Verdict for plaintiff. Damages assessed at $7,267.50. No complaint is made as to the amount of the verdict. The sole issue before us is whether or not there is evidence in the case upon which a jury was authorized to predicate liability.

The collision took place on a state highway, the hard surfaced portion of which was twenty-one feet in width. It occurred in the…