Hynes v. Donaldson

Opinion by

Mr. Justice Frantz.

The propriety of a summary judgment in favor of Republic Carloading and Distributing Co., Inc., designated hereinafter as the Corporation, is disputed by writ of error in this Court.

Hynes and Boettger sued Donaldson and the Corporation for damages alleged to have been sustained in an automobile collision in which Donaldson was charged with negligence and liability was asserted against the Corporation on the theory of respondeat superior.

The Corporation filed an answer in which it denied that Donaldson was its agent and servant at the time of the collision. By its…