Brennan v. Huber

Opinion by

Parker, J.,

The question involved in this appeal is whether a judgment for plaintiff in a suit in trespass against a servant is a bar to a second suit by the same plaintiff against the master. The facts with one exception were not in dispute, and as to that one fact the verdict of the jury was conclusive.

The plaintiff, Edward Brennan, a minor, was struck and injured by an automobile owned by Wilhemina V. Huber and driven by her brother, Joseph V. Huber, while engaged in the business of his sister and when she was not present. On December 24, 1929, the same persons who are plaintiffs…