Exner v. Gangewere

Dissenting Opinion by

Mb. Justice Musmanno:

Was Robert L. Jacoby, an 18-year old youth, the servant of his father, who was the owner of the car which Robert was driving at the time of the accident which gave rise to this lawsuit? The jury answered the question Yes. The jury was additionally asked: Was Jacoby in the course and scope of the employment he had with his father when the accident occurred? The jury also answered this question in the affirmative.

The Trial Judge accepted the first Yes, but declined the second Yes and, because of that declination, he ordered a new trial. The majority of…