Fletcher v. Meredith

.Bond, O. J.,

delivered the opinion of the Court.

The -sole question presented is. whether upon the evidence in this case it could be found as a matter of fact that the driver of a truck of the appellees which struck and injured the appellant was at the time acting within the sdope of his employment. The ease was tried before the court below without a jury, and at the conclusion of the testimony the court ruled that upon the nneontradicted evidence it appeared that the driver was not so acting within the 'scope of his employment, and that the plaintiff was, therefore', not entitled to recover…