Lee v. Gornbein

Where suit was brought against employer and employee for personal injuries sustained by reason of negligent operation by employee of truck of the employer, a verdict against the employer only did not amount to the exoneration of the employer on the theory that, since its liability was based on doctrine of respondeat superior, the exoneration of the employee was necessarily an exoneration of the employer, but verdict could properly be returned against the employer alone, and the giving of an instruction for plaintiff which authorized a verdict against either the employer or employee separately, was not error.