Donaldson v. Foreman

The suit was for damages to an automobile, sustained in a collision with another automobile. The pleadings were in short by consent.

The demurrer to the complaint challenged its sufficiency on the grounds that it was not averred that the agent or employee of defendant, having charge or control of said car, was acting within the line and scope of his employment, that the grounds of recovery are disjunctively averred, and that each alternative averment is not sufficient to support a recovery on the facts averred as showing actionable negligence.

It is settled law that the principal is not…