Leonard v. North Dakota Co-Operative Wool Marketing Ass'n

I am unable to agree with all that is said in the foregoing opinion and therefore dissent.

The jury were instructed on two theories under either of which they may have returned their verdict. This instruction, challenged by appellant, reads: ‘'‘Further, in connection with this matter of employment I instruct you that where a servant employed to drive the car of his master directs or permits a stranger to operate such car in the master’s business and in the presence of the servant, the master may be held liable for its negligent operation upon the grounds that such operation was, in fact, the…