Miller v. Western Union Telegraph Co.

This matter is before this court upon appeal from the Court of Common Pleas, on questions of law.

The petition recites that defendant is a corporation engaged in the business of receiving and delivering telegrams and messages and that one Lawrence Whelan was employed by the defendant as a messenger boy, and at the time of the occurrence described was acting within the scope of his employment, to wit, delivering telegrams for the defendant.

It is alleged that on the 11th day of February, about 8:30 p. m., the plaintiff was being driven on Morton avenue in Dayton, in an automobile owned and…