Blanche Cooke and Arthur J. Cooke v. E. F. Drew & Co., Inc.

(dissenting) .

The trial judge declined to give charges, requested by the plaintiffs, to the effect that Hinchcliffe’s use of a substitute driver in traveling from one customer to another imposed liability on Drew, and that if the jury found that Hincheliffe was present at the time of the. collision, it might also find that Hincheliffe was in supervision and control of' the vehicle and any injuries caused were acts of his for which Drew would be responsible. Although neither of these requests was letter-perfect, they seem to me to have been closer to being right, than the instructions that…