Stewart v. Roberts

Eberhardt, Presiding Judge.

Richard B. Roberts brought suit against Ben W. Stewart, d/b/a Stewart Construction Company, seeking recovery for injuries alleged to have been received in the collision of an automobile which he was driving and one operated by William N. Dixon, an employee of Stewart.

Defendant filed defensive pleadings denying any liability in the matter and filed a motion for summary judgment, supported by affidavits and depositions of himself and Dixon in which it was unequivocally asserted that at the time of the collision the employee Dixon was not acting within the scope of his…