Depue v. George D. Salmon Co.

The opinion of the court was delivered by

Swayze, J.

This is an action to recover for injuries to children of tender years who, while walking on the highway, were struck by the defendant company’s automobile. Judgment was entered both against the company and its employe, who was acting as chauffeur. No appeal is taken by the employe. The only question raised is whether the defendant company is legally liable for his act or default. He was at the time on his way home after his day’s work was done. By the arrangement between him and his employer, the defendant company, he was entitled to use the…