Thayer v. Kirchhof

This action is by Edna Whitaker Thayer as conservatrix of the estate of C. A. Whitaker, mental incompetent, against Francis J. Kirchhof doing business as The Francis J. Kirchhof Construction Company, to recover damages for a personal injury to Whitaker, the mental incompetent, resulting from the negligence of the defendant’s servant Stevens. At the close of the evidence the trial court, on the defendant’s motion, directed a verdict for him on the ground that Stevens, whose negligence, if any there was, caused the injury, was not a servant or employee of the defendant Kirchhof at the time of…