Babbitt v. Say

There are three major grounds of error urged in this case: First, that the court should have directed a verdict upon the question of the contributory negligence of the plaintiff’s decedent; second, that the court erred in not admitting the written statement of the witness Isaman, made before the trial, to a representative of an insurance company acting on behalf of the plaintiff in error, Babbitt; third, it is claimed by plaintiff in error that there is no liability on the part of the owner of an automobile truck which, with its driver, is hired to a third party on an hourly basis, because…