Simmons v. Beatty

Lola Beatty sued R. O. Simmons Jr. to recover damages for personal injuries sustained by her in an automobile collision. A demurrer to the petition was overruled and a verdict for the plaintiff was returned. Subsequently, the defendant’s motion for new trial was denied. The only question for the determination of this court is whether the operator of the defendant’s' car, at the time of the collision, was the servant or agent of the defendant.

On the trial the undisputed evidence showed the following facts: Paul Jones was the manager of a “service-station,” and his only employee was Walter…