Hendler Creamery Co. v. Miller

The plaintiff, appellee here, was injured by an electric truck of the defendant. At the time of the injury the truck was being operated in the business of the defendant. The principal question is, Was there any evidence legally sufficient to show that a servant of defendant, while acting within the scope of his employment, was guilty of negligence to which the injury was attributable ? This question is raised by the twenty-first bill of exception, which embraces the refusal of defendant’s first and second prayers. The facts briefly stated are as follows:

The defendant agreed to install in…