Myers Myers v. Pfeiffer

Opinion by

Keller, J.,

This is an action in trespass brought by a husband and wife to recover damages for personal injuries to the wife received in an automobile collision. The automobile which inflicted the injuries was owned by defendant and the evidence clearly established the negligence of its driver. The sole question raised by this appeal is whether there was any evidence that at the time of the collision the driver was acting as the agent of the defendant.

The proof on the subject consisted of averments in the plaintiff’s statement, duly offered in evidence in accordance with the ruling…