CAPITAL TRANSPORT COMPANY v. McDuff

This tort case arising out of an intersectional vehicular collision was brought by appellee (plaintiff), McDuff, against the appellant (defendant), Capital, and its truck driver agent, Meadows. A jury verdict in the amount of $50,000 was returned in favor of appellee as against Capital Transport only. We affirm.

The controlling issue is: Where a master and servant are made joint defendants to a suit based solely on the servant's tortious conduct, can a verdict against the master only be upheld?

Scene of the accident injuring appellee on January 24, 1972, was the intersection of U.S. Highway 61…