Johnson v. Trail Cadillac-Pontiac, Inc.

GOODWYN, Justice.

Appeal by plaintiff in an automobile accident case from a judgment rendered on a jury verdict in favor of defendant and also from judgment overruling her motion for a new trial.

As last amended, the complaint consisted of two counts. The defendants in both counts were G. H. Dunaway and Trail Cadillac-Pontiac, Inc. (Trail). The gravamen of count 1 is the negligence of Dunaway in operating an automobile as the servant or agent of Trail, and while acting within the line and scope of his employment as such servant or agent. Count 2 alleges that “a servant or agent” of Trail “while…