Ayers v. Woodard

The controversy presented concerns plaintiff’s evidence as to one issue of his case — whether the deputy sheriff was acting within the scope of his capacity as an officer of the law at the time of the incident. Plaintiff, of course, in order to recover from the sheriff, has the burden of proving that the deputy was.

The facts regarding this issue which were proved at trial by plaintiff are, in the words of the Court of Appeals, as follows :

“* * * Joe P. Ayers was employed as an electrician by Goodyear Aircraft Corporation. * * * Jerome A. McCarty was employed by Goodyear Aircraft Corporation…