Hubbard v. Dooley

CLAY, Commissioner.

A truck owned by defendant appellee Dooley struck and severely injured the two infant plaintiff appellants. The trial court directed a verdict for the defendant on the ground that plaintiffs had failed to prove the truck was being operated by defendant’s agent on his business.

Defendant had authorized his employee, Sergent, to drive the truck from Cincinnati to Woodbine, Kentucky, and on the return trip to bring back a load of cord wood. Sergent was not to use the truck for any other purpose, and he was instructed not to let any one else drive it. The night before Sergent…