Auto Livery Company v. Stone

Opinion op the Court by

Judge AVillis

Affirming.

Howard J. Stone sustained a serious injury by falling or being thrown from a' truck. He instituted an action against the Auto Livery Company to recover damages, alleging that he was its employee, engaged in the performance of his duties, and was hurt by the negligence of its servants engaged in the operation of the truck. The defense was a denial of any negligence and various affirmative pleas. There was a verdict for $1,000 in favor" of the plaintiff, and the defendant has prosecuted an appeal.

It is insisted that a peremptory instruction should…