Western Union Telegraph Co. v. Kirby

WOOLLEY, Circuit Judge.

The plaintiff was struck by a ‘bicycle of the ordinary pedal type operated by a messenger boy. She brought this suit against the Western Union Telegraph Company for damages, charging negligence, and proved, inter alia, that the messenger boy wore insignia of the defendant company and that the bicycle which he rode carried the name of the company on a plate suspended from the upper bar of the frame. On this evidence she relied in proof of a prima facie case covering the boy’s agency for the defendant, his employment in its business at the time of the accident and its…