Thomas v. Western Union Telegraph Co.

In an action to recover damages for personal injuries brought against the telegraph company by an infant by her next friend, the declaration alleges that the plaintiff “was run into and upon by a messenger boy of the defendant company, riding a bicycle, and thereby injured. The said messenger was, then and there, in the employ of the said defendant company; and at the time of said accident, acting within the scope of his said employment.”

Trial was begun upon pleas of not guilty and of contributory negligence. Later two other pleas were filed by leave of court. Verdict and judgment were…