Ackerson v. Erwin M. Jennings Co.

While Aekerson and Hunt were riding as passengers in an automobile owned by the defendant and driven by one Root, the car left the road and collided with two poles, as a result of which Aekerson was killed and Hunt seriously injured. No question is made that there was sufficient evidence as to the negligence of Root to go to the jury, but the trial court held that plaintiffs had failed to show that Root, in driving the car at the time of the accident, was in the service of the defendant and engaged in performing its business and, on that ground, directed verdicts for the defendant. Error in…