Callen v. Coca Cola Bottling Inc‪.‬

This action was brought by plaintiffs to recover damages for injuries they suffered as a result of the negligent operation of an automobile owned by defendant. In its answer, defendant admitted ownership of the vehicle and negligence on the part of the driver thereof, but denied that the driver was its agent acting within the scope of his authority at the time of the accident. Judgment was entered on a jury verdict in favor of plaintiffs. Defendant appeals, raising only one question for our consideration: Did the trial court err in submitting to the jury the issue whether the driver was acting within the scope of his employment at the time he caused the accident?