[Download] "Western Union Telegraph Co. v. Kirby" by Circuit Court of Appeals, Third Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Western Union Telegraph Co. v. Kirby
- Author : Circuit Court of Appeals, Third Circuit
- Release Date : January 14, 1930
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges. WOOLLEY, Circuit Judge. The plaintiff was struck by a bicycle of the ordinary pedal type operated by a messenger boy. She brought this suit against the Western Union Telegraph Company for damages, charging negligence, and proved, inter alia, that the messenger boy wore insignia of the defendant company and that the bicycle which he rode carried the name of the company on a plate suspended from the upper bar of the frame. On this evidence she relied in proof of a prima facie case covering the boy's agency for the defendant, his employment in its business at the time of the accident and its liability for his torts. The defendant introduced evidence which tended to prove that, though both boy and bicycle were marked as the plaintiff said, the bicycle belonged to the boy and at the time of the accident he was off duty and therefore not engaged in its business, and in consequence it was not liable for his torts. Refusing the defendant's motion for binding instructions, the court submitted the case and the plaintiff had a verdict. The defendant brings the judgment here by appeal, charging by three assignments that the court erred in denying its motion for a new trial, in holding, in its opinion denying the motion, that there was evidence to submit to the jury -- matters clearly not reviewable on appeal -- and in refusing its motion to bind the jury by the instruction that ""Under all the evidence your verdict must be for the defendant.""