Joslin v. Idaho Times Publishing Co.

GIVENS, J. —

A previous appeal reversed and remanded a judgment on a verdict in favor of appellant herein for a new trial (Joslin v. Idaho Times Publishing Co., 56 Ida. 242, 53 Pac. (2d) 323, being as to the general circumstances sufficient without restatement herein) because the evidence did not establish the relationship of master and servant between respondent herein and Wesley Kirkman. Upon the second trial the court, for a similar defect, granted respondent’s motion for a nonsuit, from which this appeal is herein prosecuted.

The evidence in the second trial was substantially the same as…