Exner v. Gangewere

Opinion by

Me. Justice McBeide,

This is an action in trespass for personal injuries suffered by plaintiffs, Norman E. Exner and Catherine M. Exner, when their automobile collided with that of the defendant, Bay L. Gangewere, which was then being driven by his son, Robert L. Jacoby. The only issues submitted to the jury were (1) Was Jacoby the servant of the defendant at the time of the accident? and (2) Was Jacoby then in the course and scope of his employment? 1

The jury answered both questions in the affirmative. Defendant’s motion for judgment n.o.v. was denied and no appeal has been taken…