50.04. Issues and Burden of Proof Princ Sued Not Agt Agcy Denied Princ Sued Under Respondeat Superior Only

50.04 Issues and Burden of Proof--Principal Sued, But Not Agent--Agency Denied--Principal Sued Under Respondeat Superior Only The defendant [name of principal] is sued as the principal and the plaintiff claims that [name of alleged agent] was acting as [name of principal] at the time of the occurrence. The defendant [name of principal] denies that [name of alleged agent] [was acting as his agent] [and] [was acting within the scope of his authority as an agent of the defendant] at the time of the occurrence. Plaintiff has the burden of proving that [[name of alleged agent] was the agent of defendant [name of principal]] [and] [[name of alleged agent] was acting within the scope of his/her authority as an agent of the defendant [name of principal]] at the time of the occurrence. If you find that [name of alleged agent] [was the agent of the defendant [name of principal]] [and] [was acting within the scope of his authority as the agent of the defendant], at the time of the occurrence, then any act or omission of [name of alleged agent] at that time was in law the act or omission of the defendant. If you find that [name of alleged agent] [was not acting as the agent of the defendant] [or] [was not acting within the scope of his authority as an agent of the defendant] at the time of the occurrence, then the defendant is not liable.