O'Connor v. Sioux Falls Motor Co.

MISER, C.

A car owned by appellant, ¡Sioux Falls Motor Company, and driven by Emil Paulson, a mechanic employed by that company, ran into and overturned a car driven by Tom Winkler wherein respondent O’Connor was riding' as a gratuitious passenger. Respondent alleged the negligence of appellant’s employee, acting within the scope of his employment, and asked1 damages therefor. Appellant made a general denial, and alleged that, *398if respondent suffered any injury, it was caused by her own contributory negligence. At the trial, in an effort to prove that Paul-son was acting within the scope of his…