Donivant v. . Swaim

The appellant assigns as error the refusal of the court below to allow his motion for judgment as of nonsuit, made at the close of plaintiff’s evidence and renewed at the close of all the evidence.

The appellant contends the evidence adduced in the trial below is insufficient to show that the driver of his truck was his agent, and engaged in the scope of his employment at the time plaintiff sustained her injury, citing Temple v. Stafford, 227 N. C., 630, 43 S. E. (2d), 845; Rogers v. Black Mountain, 224 N. C., 119, 29 S. E. (2d), 203; Russell v. Cutshall, 223 N. C., 353, 26 S. E. (2d), 866;…