Cross v. Hair

HERRMANN, Justice.

This is an appeal from the denial of summary judgment in an automobile negligence case. Non-agency was the issue tendered. In denying summary judgment, the Superior Court stated:

“The record reveals disputes as to material questions of fact. For example, the affidavits submitted are in conflict over the question of what control the defendant Lowe had over the driving activities of the defendant Hair.

“I am not holding that the matter of agency raised here is a jury question although after the evidence at trial has ■been submitted it may be decided that it is. It also may be…