S & N Freight Line, Inc. v. Bundy Truck Lines, Inc.

First Cause op ActioN' — • DefendaNt’s Appeal

Defendant argues that the demurrer should have been sustained because by the terms of the lease agreement, specifically paragraphs 5 and 14, the truck was in the exclusive possession, control, use, and management of lessee, S & N, at the time the damage was sustained and, therefore, Bundy cannot be liable under the doctrine of imputed negligence. Defendant concedes that, for the purpose of the demurrer, he has admitted the allegations in the complaint to the effect that the driver was his agent, servant and employee, but he contends that these…