71 Ind. App. 663 | Ind. Ct. App. | 1919
— This action was commenced by appellee against Harvey Coonse, Scott Frazier and Isaac Pinlcus for the death of her decedent, which she alleges was caused by the negligence of said defendants in the operation of an automobile. The cause was tried by a jury and resulted in a verdict in favor of appellee against the defendants Coonse and Frazier and in favor of the defendant Pinkus. The jury in connection with the general verdict answered certain interrogatories. Judgment having been rendered in favor of appellee on the general verdict, the defendant Coonse has appealed.
We agree with appellant in the statement that there can be no recovery against him except on tbe theory that Frazier was his servant in the operation of the automobile at the time of the accident, but we cannot' agree with him in the statement that answers to the interrogatories disclose that' Frazier was not his servant. But, in view of the fact that the cause must be
Judgment reversed for proceedings not inconsistent with this opinion.