Wichtrecht v. Fasnacht

Plaintiff claimed judgment for damages caused to him and his minor child, Henry, by defendant’s driver.

There was a jury trial, and a verdict given of $600 for the father, and of $4,000 for the child.

The district judge rendered judgment for these amounts, and, besides, decreed that defendants pay legal interest thereon to plaintiff, from 16th May, 1860.

Defendants, failing to obtain a new trial, appealed.

In this court it is not contended by defendants that the damages allowed are excessive; but they contend that the driver was not their employee, and that they are not liable for his acts.

It…