Sudowski v. Toledo Scale Co.

Action to recover damages for personal injuries sustained by plaintiff when struck by an automobile operated by defendant George Gianeks and owned by defendant Agnes Gianeks, his wife. Appeal from judgment dismissing complaint as to defendant Toledo Scale Company at the close of plaintiff’s ease. Judgment affirmed, with costs. At the time of the accident, Gianeks was in the performance of his duties as general sales manager of defendant Toledo Scale Company. Under his contract of employment and all the circumstances appearing in the record, we hold, as a matter of law, that Gianeks was not an…