Rapp v. Southern Service Co.

A rehearing was granted' herein for the purpose of giving further consideration to the point that the action of the trial court in granting respondent’s motion for a directed verdict at the conclusion of the trial was justified by reason of the fact that there was no evidence of sufficient substantiality to show that, at the time of the accident which resulted in the death of decedent, the general manager of respondent, Fred E. Whyte, was acting within the scope of his employment.

The action was one instituted by the widow and minor child of Leo A. Rapp, deceased, to recover damages resulting…