Brownrigg ex rel. Brownrigg v. Allvine Dairy Co.

The opinion of the court was delivered by

Thiele, J.:

This was an action for damages arising from an automobile accident.

The petition alleged facts concerning the accident, and that the defendant, Carroll, driver of the automobile truck involved, was the employee and agent of the defendant, the Allvine Dairy Company. The verified answer of the last named defendant put the employment and agency in issue. Trial was had and, after plaintiff rested, the defendants, the Allvine Dairy Company and Fred C. Allvine, entered their demurrer on the ground that no cause of action had been proved. This…