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Dillard V. General Jackson Mcknight

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eBook details

  • Title: Dillard V. General Jackson Mcknight
  • Author : Supreme Court Of California
  • Release Date : January 25, 1949
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 70 KB

Description

Plaintiffs' son died on July 24, 1941, as the result of injuries sustained by him four days earlier in a collision between a Pontiac coupe in which he was a passenger and a Studebaker automobile then being operated by one McKnight in an allegedly negligent manner. To recover damages for their son's death, plaintiffs in September, 1941, instituted the instant action against said McKnight; his employer, J. F. Wilcox; the owner of the Studebaker automobile, W. J. Neville; Thorley Oil Company; and several fictitiously named defendants. On August 11, 1942, the cause went to trial as to certain defendants on the first amended complaint and at the conclusion thereof, a motion for a nonsuit was granted as to defendant Thorley Oil Company. Judgment was then ordered "for the plaintiffs against the defendants General Jackson McKnight and J. F. Wilcox in the sum of $7500.00 and . . . in favor of the defendant W. J. Neville." The court found, among other things, that "at all times herein mentioned, defendant General Jackson McKnight was the agent, servant, and employee of the defendants herein, and that he was acting within the scope of his employment as such agent, servant and employee." Accordingly, on September 2, 1942, judgment was entered in plaintiffs' favor as indicated; it became final, and execution thereon was returned unsatisfied.


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