Mrs. John B. McKinley v. Benjamin Rawls, C. L. Fuller, D/B/A Superior Tire Company and Columbia Truck Terminal

ALBERT V. BRYAN, Circuit Judge.

An automobile personal injury action by the appellant, Mr,s. John B. McKinley, against appellee Superior Tire Company, and its driver Benjamin Rawls, was dismissed by the District Court as to Superior on its motion for a directed verdict. The direction was rested on the finding that the collision of Superior’s truck with the McKinley car happened while Rawls was driving the truck in deviation from the bounds of his employment. A verdict for $12,500 was returned against Rawls and he has not appealed. The evidence on the question of whether he was at the time of…