Orville W. Edwards v. John F. Hrebec

Germination of this cause occurred September 15, 1965, on Seventh Street in Joplin, Missouri, in a fracas between a Ford and a Chevrolet. The Ford was owned by the plaintiff-respondent, Orville W. Edwards, and driven by his son. John F. Hrebec, the defendant-appellant, operated the Chevrolet which belonged to the Southwestern Bell Telephone Company. Edwards filed suit for his automobile damage in the Magistrate Court of Jasper County, naming the telephone company as the sole defendant. A transcript of the proceedings had in the magistrate court was, without objection, introduced into evidence when the case was tried anew in the circuit court. The transcript was stipulated to be ""correct and true."" Hrebec appeared in the magistrate court as a witness for the telephone company. During the course of the trial (and we quote from respondent's brief), "" became apparent to Respondent that the major issue in this action was whether or not ... Hrebec was on business for the telephone company so as to make the telephone company responsible for his actions."" The record of the magistrate court testimony reveals the following, and nothing else, occurred: