Daniel v. Jones

THOMAS, Justice.

This case is identical with two other cases presently before this court for decision. Paul Daniel v. Henry Carter, 200 So. 554, and Paul Daniel v. Dink Matthews, 200 So. 554.

The assignment of errors challenges the specific portions of the oral charge of the court, the refusal to give written charges requested by defendant and refusal of the general affirmative charge duly requested.

The negligence of the cjriver of the damaging and colliding truck is admitted, but the defense is set up that the driver was not on duty, within the line and scope of his employment, at the time and…