Loos v. Boston Shoe Co.

Plaintiff was struck by a car owned and operated by defendant Carey, an employee of Boston Shoe Company. Jack Smith also was sued as an owner of the car but there is no discussion in the briefs as to his connection with the accident. Plaintiff’s evidence was presented to a jury. When plaintiff had rested, the motion of Boston Shoe Company and Smith for a nonsuit was granted, and judgment was ordered in their favor for costs. Plaintiff and Carey stipulated to dismissal of the jury and to a trial to the court. It was also stipulated that if the office manager of Boston Shoe Company were called…