Tyler v. MacFadden Newspapers Corp.

Opinion by

Keller, J.,

This was an action by a ten year old plaintiff and his mother to recover the damages respectively sustained by them because of injuries to the minor, received while riding on the defendant’s truck, due to the negligent operation of the truck by defendant’s driver.

The negligence of the driver is not disputed on this appeal; although nothing appears in the evidence to show any wanton or intentional injury to the boy by him. The defense was based on the proposition, specifically averred in the affidavit of defense filed, that the driver of the truck was not the agent or…