Fulton Bag & Cotton Mills v. Eudaly

For the sake of convenience we shall refer to the Fulton Bag & Cotton Mills as the defendant, and Mrs. Audrey D. Eudaly as the plaintiff. Stafford Benedict, the co-defendant, will be referred to by name.

The defendant’s motion for judgment notwithstanding the verdict was predicated on the theory that the evidence did not prove the plaintiff’s case as laid; that the evidence demanded a finding that at the time of the collision made the basis of the case, Stafford Benedict was not acting for Fulton Bag & Cotton Mills, but was engaged upon a mission which was purely personal to him; and that the…