WINWARD v. Rhodewalt

Opinion by

Flood, J.,

The plaintiffs obtained a verdict against the defendant for damages to their car resulting from the negligence of the defendant’s employe, Francis Dildine. The court below entered judgment n.o.v. for the defendant on the ground that there was not sufficient evidence that Dildine was acting within the scope of his authority as the defendant’s agent at the time of the accident. The sole question before us is the correctness of that holding.

During his lunch period on the day of the accident Dildine spoke with his friend Thompson, one of the plaintiffs, over the telephone and…