R & S AUTO SERVICE v. McGill

Plaintiff brought this action to recover damages for personal injuries, and for loss of his automobile, resulting from a collision between plaintiff’s automobile and a wrecker truck owned by R. & S Auto Service, a copartnership, and operated by defendant Fox, an employee. The facts and circumstances out of which this action arose may be summarized as follows:

Shortly after midnight on October 10, 1948, an automobile, operated by a party named Greenfeather, collided with an automobile operated by one Golden, carrying two passengers (Sargent & Testerman), on a county road about nine-tenths of a…