Dismang v. Western Union Telegraph Co.

FRANKLIN E. KENNAMER, District Judge.

This case was tried to the Court and a jury. At the close of all the evidence defendant moved for judgment. Ruling on the motion was reserved and the case submitted to the jury, which returned a verdict for plaintiff.

Plaintiff was .injured by being run down by a boy on a bicycle. There was no testimony as to who the boy was, by whom he was employed, or in what business he was engaged. He was riding a bicycle which bore a tag or plate with the words “Western Union” on it, and he was dressed in a uniform of the kind commonly worn by Western Union messengers.…