Marach v. Kooistra

Opinion by

Mr. Justice Schaefer,

There is but one proposition open in this action of trespass, brought by plaintiff to recover damages from defendants, who are partners, for injuries received by her when she was struck by a truck, admittedly used generally by defendants in their business, although registered in the name of but one of them, and that is, whether the operator of the truck was engaged in their business at the time he inflicted the serious injuries on plaintiff.

Negligent operation of the truck is not denied. It is claimed, however, by defendants that it was lent to the operator, on…