Vencill v. Cornwell

This is an appeal on questions of law from a judgment rendered on a verdict for plaintiff in the sum of $5,000. By reason of failure to obtain service on William Cornwell, the case proceeded only against the defendant Goodwill Industries (herein referred to as the defendant). The principal question presented for decision involves respondeat superior.

William Cornwell, who drove defendant’s truck, which collided with plaintiff’s automobile, was employed as a truck driver’s helper — not as a truck driver. In response to a subpoena, defendant produced at the trial an office record containing a…