Luquire Ins. Co. v. McCalla

FOSTER, Justice.

This suit is in damages for the death of Irby McCalla, plaintiff’s intestate, against appellant, resulting from a collision of the car driven by McCalla and one driven by Pizer, alleged to have been acting in the line and scope of his authority as agent for appellant.

Count 1 is in simple negligence, and count 2A is for wantonness. Both are in good form. Pizer was first made a party; but he was stricken and at the time of the trial was in the armed service. He gave his deposition for defendant. He was driving his own car.

The first question is whether he was a servant or agent…