Hodges v. Malone & Co.

The defendant contends and strongly urges that the court below should have dismissed plaintiff’s action by judgment as of nonsuit on the ground that he failed to show that the driver of the truck was acting within the scope of his employment at the time of the collision. This point is urged here with great earnestness, but the difficulty of defendant’s position on this point lies in the fact that defendant has admitted in its answer that defendant’s driver was its agent and acting within the scope of his duty and authority at the time of the collision. While this admission is not couched in…