Mahan v. Walker

The opinion of the court was delivered by

White, J.

This is an appeal from a judgment of the Supreme Court in favor of the plaintiff, whose intestate, Mahan, while riding his bicycle on. a public highway, was killed in a collision with defendant’s automobile driven by her son-in-law, Buckley. Upon a rule to show cause all questions were disposed 'of except those relating to whether Buckley was or was not, at the time of the accident, the servant (in a legal sense) of the defendant and acting within the scope of his employment. Mahan v. Walker, 96 N. J. L. 78. This question the learned trial…