Fechtner v. Costa

This is an appeal from a judgment, based upon a verdict of a jury in favor of plaintiffs, arising out of an action for damages brought by the widow and children of Paul Fechtner, who was killed by being-struck by a truck operated by Manuel Costa and owned by Costa & Cotta, a copartnership.

The accident occurred while Costa was engaged in hauling milk to the creamery of appellant, and the grounds of appeal are, first: Insufficiency of the evidence to support the implied finding of the jury that Costa was a servant of appellant; second, errors in the admission and rejection of certain evidence…