Gardner v. United States Railroad Administration

Tbe defendant, at tbe close of tbe evidence, moved for judgment as of nonsuit, wbicb tbe court granted, and tbe plaintiff excepted and appealed to tbis Court.

Tbe evidence in a case of nonsuit is taken in a light most favorable to plaintiff. Tbe facts show that tbe plaintiff was working for tbe defendants as a section band, under tbe foreman Roberson. He and Roberson “knocked off” at tbe dinner bour. Roberson took bim to Plymouth, at bis request, on a purely personal errand to have bis “questionnaire” filled out. It was an act of accommodation and gratuity on tbe part qf Roberson to help one…