Randall v. Shelton

CLAY, Commissioner.

Plaintiff appellee recovered a $6,000 judgment against defendant appellant for injuries sustained when she was struck by a stone allegedly thrown from the roadway by one of defendant’s trucks. The case was submitted to the jury on both the theory of negligence and that of trespass.

Defendant contends he was entitled to a directed verdict, principally on the ground that plaintiff failed to prove the truck involved was owned by the defendant or was operated by one of his employees acting in the scope of his employment. Also defendant contends the instructions were erroneous in…