Martin v. Memphis Stone & Gravel Co.

FOSTER, Circuit Judge.

Appellants, the widow and minor children of Clarence Martin, brought suit to recover damages for his death at the hands of Bud MeGrady, alleged to have occurred at a time when MeGrady, as general superintendent of appellee, was acting for it within the scope of his authority and to further its business. Error is assigned to the direction of a verdict for defendant.

*990It is shown without dispute that McGrady operated the steam shovel and was general superintendent at the Oldham gravel pit of appellee. He kept the time of the men and made up the pay rolls, but had nothing to…