Throop v. F.E. Young & Company

F.E. Young & Company (Young, defendant) salesman Hennen swerved into oncoming traffic and fatally collided head-on with a car driven by Vernon Throop, killing both men; Vernon's widow Marie Throop (plaintiff) sued Young and Hennen's estate administrator, arguing Young was vicariously liable for Hennen's negligence as his employer, but evidence showed Hennen had no in-office duties, controlled all details of his sales trips, and visited Young's office only a few times a year. The trial court directed a verdict for Young while denying Hennen's motion, the jury awarded Throop $50,400 against Hennen's estate, and Throop appealed the directed verdict for Young.