Shea v. Reems

The opinion of the Court was delivered by

Fenner, J.

This is an action for damages for injury to plaintiff, Mrs. Shea, resulting from being knocked down and run over by ahorse *967and wagon driven by one Rickert, the servant, as is claimed, of defendant, and occasioned, as alleged, by his negligence, without fault on her part.

From a verdict and judgment awarding $1000 damages against defendant he prosecutes the present appeal.

He assigns as grounds of error:

1. That Rickert was not the servant of defendant.

2. That, if such servant, the damage claimed was not done by him while exercising the functions…