Opinion
Gen. No. 41,626. (Abstract of Decision.)
Opinion filed April 15, 1941.
AUTOMOBILES AND MOTOR VEHICLES, § 121.2 — servant's deviation, sufficiency of evidence. Where owner of truck ordered employee to deliver it to one who had leased the truck, but a collision with plaintiff occurred before delivery, lessee was not liable, plaintiff's conversation with driver as to where he was inadmissible as res gestae because it did not tend to show how accident occurred, and relation of principal and agent cannot be proven by alleged declarations of agent, and where driver had gone beyond his destination to his mothers for dinner, and was proceeding to pick up his wife to go to a show when the accident occurred, such deviation suspended relationship of master and servant.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. FRANK E. DONOGHUE, presiding.
Reversed. Heard in second division, first district, this court at February term, 1941.
Abraham Lepine, for appellants;
W.W. Hoover, for appellee.
"Not to be published in full." Opinion filed April 15, 1941.