Schultz v. Brunhoff Mfg. Co.

Plaintiff in error, Rosa Schultz, brought suit against the defendant in error, in the court of common pleas, on a claim for personal injuries.

The petition alleges that she was struck by an automobile while crossing a street, which automobile was operated by one of the servants and employes of the defendant company, while acting within the scope of his employment.

The third defense of the answer sets up that the plaintiff had procured a judgment against one Paul P. Tritsch for the injuries sustained by her, as alleged in her petition in this cause, and that Tritsch was the servant and employe…