Levis v. McGerty

The plaintiff in error here complains of some errors in the admission of evidence but we find nothing substantial in this complaint.

Before argument at the instance of the defendant certain instructions were given to the effect that the defendant was not liable for the negligence of the driver of the truck unless the driver was at the time of the collision the agent of the defendant and operating ■ the truck in the *282scope of his employment. This charge was sound. The rule is thus expressed in Higbee v. Jackson, 101 Ohio St., 75, 95:

During the argument of the case the court withdrew this special…