Burns v. Joseph Flaherty Co.

Opinion by

Mr. Justice Feazeb,

One of the plaintiffs, a child of six years of age, was run down and injured by an automobile operated by an employee of defendant. At the trial defendant offered no evidence and requested binding instructions, alleging absence of proof that the automobile was, at the time of the accident, operated by or under the control of defendant’s employee and on business connected with such employment; also that no negligence on the part of the driver was shown. The trial judge left the case to the jury and, on verdict for plaintiff and judgment thereon, defendant appealed.

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