Seaboyer v. Director General of Railroads

This is an action of tort to recover damages for the conscious suffering and death of the plaintiff’s intestate, who received mortal injuries on May 31, 1919, through the negligence of one driving an electric truck by backing it with such force against a stationary truck as to cause it to be pushed upon him. The one driving the electric truck was in the employ of the defendant as helper. His testimony showed beyond doubt that in driving the electric truck he was not acting within the scope of his employment by the defendant, that he was merely a helper whose duties were to assist in loading…