Yellow Cab Co. v. General Lumber Co.

1. In a suit for damages to the plaintiff’s truck, caused by a collision between the truck and the defendant’s cab, allegations (in the order here stated) that the defendant was indebted to the plaintiff in the amount stated as the damages, “for the reason hereinafter set out,” and that the “negligence of defendant company complained of” was *621“that the driver of said cab was negligent” in specified particulars, were, as against an oral motion in the nature of a general demurrer, sufficient to show by implication that the driver of the cab was the servant of the defendant, acting within the…