Wolever v. Curtiss Candy Co.

In an action of fraud and deceit, at the conclusion of plaintiff’s evidence, the trial court, on motion of defendants, instructed the jury to find all of the defendants not guilty. Plaintiff appeals from a judgment entered upon the verdict.

The first additional count of the complaint alleges that on and before March 20, 1934, Franklin H. Wolever, the husband of plaintiff, was in the employ of defendant Curtiss Candy Company as a consulting engineer; that while engaged in the performance of his duties, and in the scope of his employment, a truck, operated by defendant Torbiek, was backed…