Opinion
July, 1917.
By the charge the test of liability is the employment and control of the chauffeur. If that be the only test, neither defendant is liable, for neither hired or controlled him. It may be, however, that one or both of the defendants were interested in the enterprise. Just what the relation of the defendants was to August Hueg does not appear. In any case, the charge is limited as above stated. Judgment and order reversed and new trial granted, costs to abide the event. Jenks, P.J., Thomas, Stapleton, Mills and Rich, JJ., concurred.