HUTCHESON, Chief Judge.
The suit was for injuries resulting in the death of plaintiff's husband and one of her minor children, caused by a collision between a horse drawn wagon, in which they were passengers, and a truck, owned and driven by one Jake Foreman.
The claim was that the driver of the truck was at the time of the accident an employee of the defendant acting within the course and scope of his employment. The defenses were: (1) that at the time of...
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