Petruska v. Packard Motor Car Co.

Opinion by

Henderson, J.,

A joint appeal was taken from the judgments entered in the court below. When the case was called for argument the defendant, with the consent of the plaintiff’s counsel, elected to proceed on the appeal as from the judgment of Genevieve Petruska and the record was accordingly so amended. The subject for consideration is limited by the statement of the question involved to the defense that the driver of the automobile at the time of the accident was not acting as the defendant’s agent. The learned trial judge refused to give binding instructions at the defendant’s…