Pyle v. Phillips

YOUNG, Justice.

Appellee, as plaintiff, brought this suit for personal and automobile damages, alleged to have been sustained on August 9, 1938, as result of a collision between his car and a truck owned by appellant, being driven at the time by Goodman, an employe. Upon conclusion of the testimony, defendant moved for peremptory instruction on the ground that, from undisputed evidence, the truck driver (Goodman) was not shown to have been acting within the scope of his employment; was not using the vehicle in the furtherance of defendant’s business, or in the accomplishment of any purpose for…