Nolan v. Nally

CLAY, Commissioner.

Plaintiff Nolan brought this suit for personal injuries and automobile damage against defendants Howard, Hagan, Nally, Boone and Hamilton. Howard drove the truck with which the plaintiff collided. Hagan apparently was the owner. Defendants Nally, Boone and Hamilton (comprising a business firm we will hereafter refer to as Nally and Boone) had rented the vehicle on the day of the accident. The claimed liability of all defendants except Howard is based on an alleged agency relationship.

On motion the trial court dismissed the complaint against Nally and Boone. It denied'a…