Fightmaster, a Minor v. Tauber

The question of law for decision here is: Whether where an employer is sued for negligence of the agent in driving the truck, judgment against the employer is a bar to a subsequent action of negligence against the agent, the defendant in this case.

The demurrer admits the facts pleaded in the second defense.

The claim of the plaintiff in error is, that the judgment in the Mode case, pleaded in the second defense, is not res adjudicata of the present case. His argument is that Tauber, the defendant in this cause, and Mode, the defendant in the judgment pleaded, were not, and could not have been…