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Reis, Appellant, v. Mosebach et al.

Negligence — Master and servant — Servant inviting another to ride with him in truck — Authority.

In an action against the employer for injuries received by plaintiff while he was riding in a motor vehicle operated by defendants' servant upon the invitation of the servant, the burden is upon plaintiff to prove that the servant had express or implied authority to invite or to permit others to ride with him or to assist him in the performance of his duties.

Argued January 26, 1940.

PER CURIAM, March 25, 1940:

Judgment affirmed on the opinion of President Judge BOK.

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REIS v. MOSEBACH
(Mar 25, 1940)