Wilburn v. McRee

HUXMAN, Circuit Judge.'

This is an appeal from a judgment against appellants, George Wilburn and Fred Henry Hancock, in an action for damages resulting from an automobile collision. The sole question in the case is whether defendant, Fred Henry Hancock, was acting within the scope of his employment as an employee of appellant at the time of the accident.

The facts may be summarized as follows : Wilburn was engaged in the automobile business in McAlester, Oklahoma. Hancock was employed by him as a porter to clean up the office and wash and lubricate cars. Wilburn had gone to Hot Springs,…