Cary v. Hotel Rueger, Inc.

This is an action by James E. Cary, Sr., administrator of the estate of Homer Robert Cary, hereinafter referred to as plaintiff, against Hotel Rueger, Inc. and others, hereinafter referred to as defendants, to recover for the alleged wrongful death of plaintiff’s decedent, which was caused by defendants’ servant, one George Frazier (not a party to this action).

At the conclusion of the plaintiff’s evidence the defendants moved the court to strike all the plaintiff’s evidence, on the ground that it did not show that when Frazier committed the act complained of, he was acting within the scope of…