Muse v. Stern

Citations

• 82 Va. 33
• 1886 Va. LEXIS 4

Syllabus

<p>1. Appellate Court—Two trials—Case at bar.—At first trial verdict was for plaintiff and set'aside; and he excepted ; at second, verdict was for defendant—</p> <p>Held :</p> <p>If first verdict was erroneously set aside this court will enter judgment on that verdict and set aside all subsequent proceedings.</p> <p>2. Idem—■ Verdict set aside—Evidence certified.—Where evidence is conflicting and involves credibility, and the verdict is set aside and the evidence is certified, this court will look at the whole evidence, and sustain the verdict, unless it be against the law or the evidence, or without evidence.</p> <p>3. Master and Servant—Negligence—Case at bar.—Straus & Stern were partners in trade. Straus, individually, owned a horse and phaeton. He sent his servant with horse and phaeton to meet and convey Stern to their store. Whilst returning, driver recklessly drove against Muse, knocking him down and injuring him. In action by Afuse v. Stern—</p> <p>Held :</p> <p>1. Relation of master and servant did not exist between defendant and driver, and plaintiff cannot recover.</p> <p>2. Defendant’s mere presence at the injury does not render him liable for the driver’s negligence.</p>