Swanbeck v. Hubbard

The plaintiff brought this suit under the Injuries Act of this State for the alleged wrongful death of Charles Swanbeek, a six-year-old child, which occurred on March 14,1945, when he was run over by a truck operated by one Loren Cuthrell, alleged to have been the agent and servant of defendants, and acting within the scope of his employment for them at the time.

From a judgment against defendants, they appeal and contend the trial court erred in rulings on evidence, in the instructions, and in rulings on motions for judgment notwithstanding the verdict; that Cuthrell was not their agent or…