Bernstein v. Roth

The question, presented, by the record in this case is entirely one of fact. Is the evidence sufficient to sustain the verdict ? In our judgment the jury ought not to have found as they did. We are of the. opinion that the preponderance of the evidence is to the effect that the party driving appellant’s team when the collision occurred, Avas neither in the service of Hr. Bernstein nor engaged in the performance of any service for him; in brief, that he Avas out upon an expedition entirely for his oavu pleasure and without the knoAvledge of appellant. In our opinion, the Aveight of the…