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Gertrude Webb, Administratrix of Estate of William D. Webb, Deceased, Appellant, v. The Willett Company and John Krett, Defendants. The Willett Company, Appellee.

AUTOMOBILES AND MOTOR VEHICLES, § 121.2 — scope of employment of driver of truck, direction of verdict improper. In action for wrongful death of decedent caused by collision of defendant's truck with his automobile, lower court improperly directed verdict for defendant on ground that driver of truck was not acting within the scope of his employment at time of accident, where testimony of defendant's foreman showed that the driver washed trucks for defendant, he was their oldest washer and had authority to look over things, he was allowed and expected to take a truck when he went to another of defendant's garages, he was working for defendant on the night of the accident, and witness knew that on such night driver had to go to another garage.

See Callaghan's Illinois Digest, same topic and section number.

Opinion by Justice SCANLAN.

"Not to be published in full." Opinion filed February 23, 1940.

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WEBB v. WILLETT CO
(Feb 23, 1940)