Kunkel v. Vogt.

Opinion by

Mr. Justice Horace Stern,

Plaintiff, injured in a collision between Ms wagon and defendant’s truck, brought suit for damages. At the trial he called the driver of the truck as his own witness. The driver testified that he was using the truck on his personal business at the time of the accident. There was no other evidence in regard to his agency. Under such circumstances was plaintiff entitled to have his case sub’ mitted to the jury? The court below said “no” and entered a judgment of nonsuit. The judgment must, in our opinion, be affirmed.

As the truck was a commercial vehicle and…