Smith Ex Rel. Smith v. Fine

Plaintiff recovered $10.000 for personal injuries suffered when struck by an automobile. Defendants appeal. They present issues with respect to the (a) sufficiency of plaintiff's evidence to make a submissible issue (1) of defendant Fine's ability to stop his automobile under the humanitarian doctrine; (2) of the applicability of the doctrine of respondeat superior between defendant Fine and defendant National Clothing and Furniture Company, a corporation; (b) the admission of certain evidence, and (c) the giving of plaintiff's main instruction.

The accident occurred about 8:20 A.M. May 16,…