Lyons v. Weems

Lyons, the appellant, brought this action against Weems Brothers Seafood Company, appellee, for damages resulting to appellant, as alleged, from the negligence of M. L. Trosclair, a servant of appellee and a fellow servant of appellant. Plaintiff recovered a judgment against defendant for the sum of $3,500. The trial judge, on motion of defendant, set this judgment aside and rendered a judgment in favor of' the defendant. From this action Lyons appeals.

Appellee, by its pleas, set up that neither Trosclair nor Lyons was its employe, but, if so, Trosclair was guilty of no negligence causing the…