Schied v. Davey Tree Expert Co.

Appeal by the plaintiff from an order setting aside a jury verdict in its favor and by the defendant from the denial of its motion for a directed verdict dismissing the complaint. Early in the morning of New Year’s Day 1952, a truck owned by the defendant, while being driven by Robert Morse, then an employee of the defendant, struck and damaged a house owned by the plaintiff. The negligence of Morse and the amount of damage to the house were stipulated; the only question at the trial was whether Morse had permission, express or implied, to drive the defendant’s truck at the time of the…