Brohl v. Lingeman

Plaintiff sued defendant for injuries sustained from her being run against by his wagon.

The declaration charged the wrong to have been done directly by defendant in some of the counts, and in one count described the wagon as driven by his son as his agent and servant.

The testimony showed the son to have been the acting party, and the wagon and horses to have belonged to defendant. But there was no testimony showing any actual service or agency, and none showing such relation as in any way raised a presumption that the son was in the father’s employment, or even under his control, in this…