Vivion v. National Cash Register Co.

This is an action for damages for personal injuries sustained by appellant arising out of his being struck in a pedestrian crosswalk at an intersection by an automobile owned and operated by one Mrs. Mary Joyce Rauscher. Respondent herein was sued on the theory of respondeat superior under appellant’s claim that Mrs. Rauscher was an employee of respondent acting within the course and scope of her employment at the time of the accident. Judgment was for defendant, respondent herein, from which appellant appeals.

Mrs. Rauscher, in her answer to the complaint, denied negligence on her part,…