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COKER v. GUNTER

63 S.E.2d 15 (1951)

COKER v. GUNTER et al.

Supreme Court of Appeals of Virginia.

January 15, 1951.

Attorney(s) appearing for the Case

Williams, Cocke & Tunstall and Lawson Worrell, Jr., all of Norfolk, for plaintiff in error.

H. M. Woodward, Norfolk, for defendants in error.

Before HUDGINS, C. J., and GREGORY, EGGLESTON, SPRATLEY, BUCHANAN and MILLER, JJ.

BUCHANAN, Justice.

The plaintiff, Coker, was painfully and permanently injured by a truck owned by Gunter and operated by Minggia. He brought an action for damages against Minggia, charging negligence, and another against Gunter, on the theory of respondeat superior. They were heard together as one action and at the conclusion of the evidence the court struck out the plaintiff's testimony, on the grounds that Minggia was not the servant of Gunter in the performance...

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