Dunne v. Hely

The opinion of the court was delivered by

Kalisch, J.

The two grounds of appeal relied on by the appellants for a reversal of the judgment are as follows: (1) The court committed error in refusing to direct a verdict in favor of the defendants. (2) There was error in the charge of the court holding there was a fair conflict of testimony on the fundamental issue of whether the relationship of master and servant existed at the time of the occurrence of the damage complained of.

The latter ground of appeal is not in accordance with the settled legal rule, which requires the portion of the charge…