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WESTERN UNION TELEGRAPH CO. v. KIRBY

No. 4190.

37 F.2d 480 (1930)

WESTERN UNION TELEGRAPH CO. v. KIRBY.

Circuit Court of Appeals, Third Circuit.

January 14, 1930.

Attorney(s) appearing for the Case

Howard Burtt and Guckes, Shrader, Burtt & Thornton, all of Philadelphia, Pa., and Francis R. Stark, of New York City, for appellant.

John V. Horan, of Philadelphia, Pa., for appellee.

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...

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