Bolander v. Cowley

MAUCK; J.

This chaige was equivalent to an instruction that the defendants were not liable for the negligence of Simmons, which means that as a matter of law, Simmons was not the agent of the defendants.

The record shows that when Simmons found his car unable to proceed he telephoned to the defendants’ garage for service. Now it is clear that when response was made, one of two or three relationships might be created. It was competent for Simmons to secure help enabling Simmons to move the car from the place where it was disabled and in such case Simmons would be the principal. Such a case was…