Lane v. Roth

Citations

• 195 F. 255
• 115 C.C.A. 227
• 1912 U.S. App. LEXIS 1373

Syllabus

<p>1. Master and Servant (§ 332*)—Existence of Relation—Jury Question. Whether a chauffeur was acting for the owner of an automobile or for a company which was repairing it, when he negligently drove the car against plaintiff, held, under the evidence, a jury question.</p> <p>[Ed. Note.-—For other cases, see Master and Servant, Gent. Dig. §§ 1274-1277; Dec. Dig. § 332.*]</p> <p>2. Master and Servant (§ 332*)—Existence of Relation—Jury Question.</p> <p>An issue as to the existence of the relation of master and' servant between defendant and one for whose negligence it is sought to charge him should be taken from the jury only when the evidence is clear and unequivocal.</p> <p>[Ed. Note.—For other cases, see Master and Servant, Cent. Dig. §§ 1274-1277; Dec. Dig. § 332.*]</p>