Hickson v. W. W. Walker Co.

The defendant company, the only appellant, will herein be designated, as it has been in the statement, as the defendant. It assigns as error the refusal of the trial court to strike out paragraph six from the finding which recites that the defendant knew that it was the practice of its truck drivers to use the trucks for the purpose of going to lunch and never discharged any of them for using the trucks for that purpose. The only evidence upon this point was that of the manager of defendant who testified that he instructed Ahern not to use the truck except to go back and forth between the…