Schmidt v. Martz

Opinion by

Rhodes, P. J.,

In this action of trespass plaintiff, as owner of a truck, recovered a verdict for damages to the truck as the result of a collision between the truck and an automobile owned and driven by the defendant.

At the time of the accident (July 4, 1943) the truck was being used in the business of plaintiff’s father, and driven by the father’s employee. Plaintiff alleged that he loaned the truck to his father for use in the latter’s business. Defendant filed no affidavit of defense.

On the argument of defendant’s motion for judgment n. o. v. defendant presented a defense which…