Haskell v. Albiani

The plaintiff, while walking on a public highway, was struck and injured by an automobile owned by the defendant and operated by his son, Henry F. Albiani. The action was tried with another case by the same plaintiff against Henry F. Albiani. There was evidence of the plaintiff’s due care and of the negligence of the operator.

The principal question raised by these exceptions is whether there was any evidence that at the time of the collision Henry F. Albiani was operating the automobile as the defendant’s servant or agent. Three questions were submitted to the jury. The first question, — Was…