Chantry v. Pettit Motor Co.

(dissenting) : The defendant has submitted a petition for a rehearing of this appeal, and, .being satisfied that it should be granted, I shall make some observations additional to the dissenting opinion which I have filed.

There are two main issues in the appeal: (1) Whether the declaration of the chauffeur Hamilton, that he was employed by the defendant, was admissible as a part of the res gestae; (2) Whether there is any evidence tending to show that at the time of the collision he was engaged in the business of the defendant.

I. I concede that the circumstances under which the alleged…