79 Wash. 109 | Wash. | 1914
Action by Percy Bursch, a minor, by Frank Bursch his guardian ad litem, against Greenough Brothers Company, a corporation, to recover damages for personal injuries. A verdict was returned in plaintiff’s favor, whereupon the trial court sustained defendant’s motion for a judgment non obstcmte veredicto and dismissed the action. The plaintiff has appealed.
This leaves but a single question. Was Meyers, at the time of the accident, acting within the scope of his employment? Appellant insists that this issue was for the jury, and was not a question of law for the court. Thei’e would be merit in this contention if the evidence upon the point involved was conflicting, but there is no competent evidence that Meyers was acting within the scope of his employment. On the contrary, the undisputed facts show that he was not.
The judgment is affirmed.
Mount, Parker, Fullerton, and Morris, JJ., concur.