Howard W. Luff Co. v. Capece

SIMONS, Circuit Judge,

Appellee was the plaintiff below, and recovered judgment for injuries resulting in death of her intestate, struck by an automobile driven by Sherman, appellant’s salesman. On the trial Sherman’s negligence, and its causal relation to the injuries and result*636ing death, were conceded. The only question raised by motion for directed verdict was the responsibility, if any, of the defendant below for Sherman’s acts. It may be stated thus: Did the relation of master and servant exist between the defendant and the driver of the automobile, and, if so> were the negligent acts of…