Ivy v. Mischka
Ivy v. Mischka
Opinion of the Court
Under the universal and fundamental rule that it is the province of the jury to make such reasonable deductions from the evidence as they may deem proper, and may believe or disbelieve any part or all of the testimony of any witness, it is perhaps a close question whether or not this instruction should be construed as evidence- tending to show that Metzler was not driving the car as agent for defendant, as it will
However, be that as it may, this is not all the testimony -in the record concerning the authority of Walter Metzler to drive the car. On page 29 of the record it appears in the testimony of the plaintiff that at the trial of the City v. Walter Metzler in the Juvenile Court, the defendant in the presence of plaintiff, made a statement to the court with reference to this accident that “Walter Metzler was in his employ at the time.”
It will be observed that this testimony is undisputed and has the defendant saying to the juvenile judge in a case against said Walter Metzler that Walter Meztler was in his employ at the very time of the accident.
We believe that, taking this undisputed testimony together with that of the defendant and the record as a whole, there was some evidence, though it may be slight, tending to. show that Walter Metzler was driving the Ford car as the agent of the defendant at the time of the accident.
We are therefore of the opinion that it was error for the court to direct a verdict and that it should have overruled the motion for a directed verdict.
Judgment reversed and cause remanded for further proceedings according to law.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.