Brockway v. Western Union Telegraph Co.

This is an appeal from a judgment against the defendant in the ease of a collision between the bicycle of the defendant and a pedestrian. The contention of the defendant is (1) that there is no evidence showing negligence on the part of the bicycle operator, (2) that deceased was guilty of contributory negligence as a matter of law, and (3) that the operator of the bicycle was not at the time of the accident acting within the scope of his employment.

On the 19th day of January, 1937, at approximately the hour of 6 o’clock A. M., Eugene Blyth and Victor Korth, messenger boys in the general…