Long v. Eagle 5, 10 & 25c Store Co.

The defendant relies entirely on the motion for nonsuit at the conclusion of the plaintiff’s evidence. It insists that this motion should have been allowed upon the ground that there was no evidence from which á valid inference could be drawn that (1) Senter, the assistant manager, caused the arrest to be made, and (2) that he was acting within the scope of his duty and authority and about his master’s business in making the arrest.

1. Tbe evidence, both direct and circumstantial, is sufficient for submission to the jury on this point.

Senter, with timely precision, preceded the plaintiff to…