RYAN, J.
This was an action instituted by the appellant, the plaintiff below, for expenses and loss of services of appellant's wife. The complaint alleges in substance that the appellee Kerschner was an agent, servant and employee of the appellee Schmidt, d/b/a Schmidt Coal Company, and that at the time of the complained of occurrence appellee Kerschner was acting within the scope of his employment. It further alleges that the appellant's wife was walking
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