Opinion
Gen. No. 40,972. (Abstract of Decision.)
Opinion filed February 23, 1940
AUTOMOBILES AND MOTOR VEHICLES, § 121.2 — scope of employment of driver of truck, direction of verdict improper. In action for wrongful death of decedent caused by collision of defendant's truck with his automobile, lower court improperly directed verdict for defendant on ground that driver of truck was not acting within the scope of his employment at time of accident, where testimony of defendant's foreman showed that the driver washed trucks for defendant, he was their oldest washer and had authority to look over things, he was allowed and expected to take a truck when he went to another of defendant's garages, he was working for defendant on the night of the accident, and witness knew that on such night driver had to go to another garage.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. J.T. CUMMINGS, presiding.
Reversed and cause remanded for a new trial. Heard in second division, first district, at October term, 1939.
Krohn MacDonald and Sidney Rothblatt, for appellant;
Stuart B. Krohn and Ian P. MacDonald, of counsel;
Burt A. Crowe, for appellee.
"Not to be published in full." Opinion filed February 23, 1940.