McDowell, Pyle & Co. v. Magazine Service, Inc.

The Magazine Service, Inc., appellee, recovered a judgment against McDowell, Pyle & Co., Inc., appellant, for damage done to the truck of the former in a collision with a truck of the latter. The only exception is to the refusal of the two prayers of the appellant for a directed verdict, one that the uncontradicted evidence shows that the appellee’s driver was guilty of contributory negligence, and the other that the driver of the appellant’s truck was not, at the time of the collision, acting within the scope of his employment.

The appellant is in the merchandise business at 221 Pratt Street…