National Battery Co. v. Levy

THOMAS, Circuit Judge.

It is agreed by the parties that this case presents a single question, namely: Was Edward Sullivan, an employee of appellant, acting within the scope of his employment when, as a result of his alleged negligence, he and William Levy, appel-lee’s decedent, were both killed in the same accident ?

The suit was brought for damages against the employer by Levy’s executrix, and the appeal is from a judgment entered upon a verdict in her favor. The question, as presented in this court, was raised in the district court (1) by motion for a directed verdict, (2) by a requested…