Higbee Co. v. Jackson
Ohio Supreme Court
Certified by the Court of Appeals of Cuyahoga county. Walter Jackson, an infant, brought suit by his next friend against The Higbee Company, a corporation engaged in the business of general merchandising at Cleveland.
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Certified by the Court of Appeals of Cuyahoga county. Walter Jackson, an infant, brought suit by his next friend against The Higbee Company, a corporation engaged in the business of general merchandising at Cleveland. The petition avers that the defendant owned and operated numerous automobiles for the delivery of its goods to its customers in the city of Cleveland and other cities and villages in Cuyahoga county; that on or about the 19th of September, 1916, about 7:30 P. M., one of its trucks in charge of a driver was being driven in a westerly direction on Euclid avenue in Cleveland, which…
1Opinion of the CourtJohnson, J.
Under the circumstances of this case was the injured infant entitled to invoke the rule respondeat superior ? The answer to this question disposes of the entire case.
The trial court having sustained the motion for a directed verdict at the close of plaintiff’s testi*78mony, it is elementary that every material fact which plaintiff’s evidence tended to prove must be taken as proven. The essential facts shown are that the driver of the defendant’s truck, who was accompanied by a helper, was driving westerly in Euclid avenue about 7:30 in the evening. He had made his last delivery and in obedience…
2Cases cited14 opinions
- Powers v. HarlowMichigan Supreme Court · 1884
- Aiken v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Louisville, New Albany & Chicago Railway Co. v. BryanIndiana Supreme Court · 1886
- Heidenreich v. BremnerIllinois Supreme Court · 1913
- Freeman v. United Fruit Co.Massachusetts Supreme Judicial Court · 1916
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