Babcock v. St. Louis Drayage Co.

This is an action to recover $2.50, the amount paid out by plaintiff for the repair of his buggy, which had been damaged in a collision caused by the negligence of defendant’s alleged servant. The plaintiff recovered judgment for the amount sued for, and the only error assigned on this appeal is that there was no evidence tending to show that the negligent driver was one of defendant’s servants, or driving one of the defendant’s wagons.

*25Touching the point in controversy the plaintiff testified in chief that the driver, who drove the colliding wagon* was one of the defendant’s drivers, and the…