Western Union Telegraph Co. v. Dubell

WOOLLEY, Circuit Judge.

An injury was inflicted upon the infant plaintiff by the skidding of a bicycle operated by a messenger boy of the defendant telegraph company. At the trial the facts were not in dispute; the questions concerned their permissible inferences. The learned trial court, recognizing the issue was close, refused the defendant’s motion for nonsuit and later its motion for a directed verdict and submitted the ease upon the question whether, within the principle of respondeat superior, the servant messenger boy was at the time of the accident engaged in his master’s work within…