Bauman v. Sincavich

By the Court.

The principle of law here involved is well-settled and is not disputed by counsel. Its application to the evidence is the problem.

The defendant contends that the record' discloses nothing about which reasonable minds can differ on the question of agency, and that therefore the case should not have been submitted to the jury. Specifically, is there evidence tending to prove that at the time of the collision the driver of the defendant’s delivery truck was acting within the scope of his employment?

Many of the operative facts are not in dispute. The defendant operated a general…