Harbin v. Moore

GARDNER, Justice.

In this action the trial court gave the affirmative charge for defendants upon the theory no actionable negligence had been made to appear, and this is the question of prime importance on this appeal.

That defendant Jackson was, on the occasion in question, operating on the public highway a truck and trailer for defendant Moore, and within the line and scope of his authority, is without controversy.

Two questions are presented: First, was the proof sufficient for submission to the jury that it was defendants’ truck operated by Jackson that struck and killed plaintiff’s '…