Still v. Union Circulation Co.

L. HAND, Circuit Judge.

This is an appeal from a judgment entered on a directed verdict, dismissing a complaint in an action for personal injuries suffered through the negligent driving of a motor car. The plaintiffs were passengers, and the driver’s negligence may be assumed for the purposes of discussion; the only issue is whether he was the defendant’s servant. The judge reserved decision upon the defendant’s motion for a directed verdict, but, after the jury had brought in a verdict for the plaintiffs, granted it and entered judgment accordingly. Obviously, every intendment must be taken…