Gackstetter v. Dart Transit Co.

Rogosheske, Justice.

Action to recover for personal injuries sustained in a collision between plaintiff’s motor vehicle and defendant George Merrell’s tractor-truck that was being operated while under a lease to defendant Dart Transit Company. At the conclusion of the evidence, the court directed a verdict on the issue of liability against defendant Merrell and in favor of defendant Dart. Plaintiff appealed from the judgment entered in Dart’s favor.

Two questions axe presented: Whether the tractor was being operated by Merrell in the course and scope of his employment with Dart, and whether the…