Collins Ex Rel. Estate of Collins v. Smith

Bussey, Justice:

Defendants have appealed from a verdict entered against them in the amount of $125,000.00, actual damages, for the wrongful death of plaintiff’s intestate who died from injuries received when the automobile in which he was riding collided with a truck owned by defendants Collins Brothers Grain Company (Collins), and driven by defendant Smith.

Liability of Collins was based upon findings that Smith was operating the truck at the time of the collision as their agent o,r servant. Whether or not there was any evidence to sustain such finding presents the first question for…