Pyyny v. Loose-Wiles Biscuit Co.

This is an action of tort to recover damages to the automobile of the plaintiff, caused by a collision with an automobile driven by one Bancroft. It is admitted that Bancroft, as a travelling salesman, was in the general employment of the defendant. It is also “admitted that Bancroft was negligent and that the plaintiff was careful.”

The sole issue raised by the exceptions, taken by the defendant to the refusal of the trial judge to direct a verdict for the defendant, “is whether or not at the time of the accident said Bancroft was operating the automobile in the course of his employment as a…