Buss v. Wachsmith

(dissenting in part) — With reference to the liability of R. Wachsmith and wife, I disagree with the majority on the first and principal question discussed in the prevailing opinion, namely, whether the respondent Wachsmith, Jr., the son,

"... sustained the relation to the plaintiff of fellow servant or whether the son was a vice-principal of the parents in the management and driving of the truck.”

Upon that question, the substance of the majority opinion is contained in the following language:

“While, in the case before us, it is not alleged in the complaint that the son exercised any authority…