Erdman v. Henry S. Horkheimer & Co.

The automobile of the plaintiff was damaged in a collision with a taxicab of the defendant. There was no testimony of negligence on the part of the driver of the plaintiff’s automobile, and there is no controversy that the negligent operation of the defendant’s taxicab was the immediate cause of the collision and of the damage to the plaintiff’s automobile. The defense was that the defendant’s servant either was not driving the taxicab at the time of the accident, or was not then acting within the scope of his employment. The prayers granted submitted these issues of fact to the jury, which…