Reak

Walter Reak, while in the employment of George S. Kaar and Eliza M. Howell, as copartners, was so injured in an automobile accident that he died. Having become liable to his heirs under the Workmen’s Compensation Act, the copartners commenced this action, under the provisions of that act, to obtain a judgment in damages against the person causing the accident. The case was tried before the judge of the trial court sitting without a jury, and the plaintiffs were awarded a judgment against Emma Borsi and, George Elliott. The defendants have appealed and have brought up the judgment-roll only. Several attacks are made on the findings. Owing to the conclusion which we have reached as to one of the attacks, we will not discuss the others.

By the very nature of the action it became altogether material to ascertain who operated the car that caused the injury, and in what capacity was the operator acting at the time. The plaintiff: alleged “that the defendant Borsi, who was driving the said automobile at said time, was in the employment of the said George Elliott and was driving said automobile for, and on account of, the business or household of the said George Elliott and was engaged…