Schneider v. McAleer

The plaintiff Schneider brought this action in two counts to recover damages for injuries to himself and also to his automobile, sustained, as he alleges, in a collision of his car with that of defendant on August 19, 1929, on the streets of Phoenix, through the careless and negligent operation of defendant’s car.

The case was tried to a jury, and, when plaintiff had closed his case, defendant moved for a directed verdict on the ground that it was not shown that 'the driver of defendant’s ear, when the accident occurred, was his agent engaged in the performance of any duty owing the defendant.…