Alianell v. Schreiner

Pee Cubiam,

The opinion of the court below, granting a new trial, states: “Plaintiff sued for personal injury inflicted on *153him by an automobile truck, which, according to his allegation, explicitly denied in the affidavit of defense, was owned by defendant and was being driven in the latter’s business by his employee. The sum total of proof to show ownership and agency consisted of plaintiff’s testimony, ‘Schreiner’s truck hit me,’ to which another witness added, ‘Schreiner’s car came up the hill and bumped him.’ There was not a scintilla of proof that the ‘Schreiner’ referred to in this…