Schaff v. R. W. Claxton, Inc.

EDGERTON, Associate Justice.

This is an appeal by the plaintiffs from a judgment for the defendant, upon a directed verdict, in a suit for personal injuries.

The complaint alleged that appellants were injured by the negligent operation of appellee’s truck by his agent. The only negligence alleged in the complaint was in the actual driving of the truck at the time of the accident. But the evidence showed that appellee’s driver left the truck, with the keys in it, in the parking space beside a restaurant to which he was delivering goods for appellee, and that employees of the restaurant drove off…