NATIONAL BATTERY CO. v. LEVY

No. 12121.

126 F.2d 33 (1942)

NATIONAL BATTERY CO. v. LEVY.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 26, 1942.


Attorney(s) appearing for the Case

Warren B. King, of Minneapolis, Minn. (Freeman & King, of Minneapolis, Minn., on the brief), for appellant.

Josiah E. Brill, of Minneapolis, Minn. (Brill & Maslon, of Minneapolis, Minn., on the brief), for appellee.

Before THOMAS and JOHNSEN, Circuit Judges, and REEVES, District Judge.


THOMAS, Circuit Judge.

It is agreed by the parties that this case presents a single question, namely: Was Edward Sullivan, an employee of appellant, acting within the scope of his employment when, as a result of his alleged negligence, he and William Levy, appellee's decedent, were both killed in the same accident?

The suit was brought for damages against the employer by Levy's executrix, and the appeal is from a judgment entered upon a verdict in her favor...

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