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MUSGROVE v. J.D. HEDIN CO.

No. 1640.

115 A.2d 516 (1955)

Robert L. MUSGROVE, Appellant, v. J. D. HEDIN CO., a Corporation, and Joseph Howard, Appellees.

Municipal Court of Appeals for the District of Columbia.

Decided July 25, 1955.

Attorney(s) appearing for the Case

Charles B. Sullivan, Jr., Washington, D. C., for appellant.

William J. Donnelly, Jr., Washington, D. C., with whom Richard W. Galiher, William E. Stewart, Jr., and Julian H. Reis, Washington, D. C., were on the brief, for appellees.

Before CAYTON, Chief Judge, and HOOD and QUINN, Associate Judges.

HOOD, Associate Judge.

Plaintiff Musgrove and his insurance carrier sued for damages to his automobile which was struck by a truck owned by defendant and operated by its employee. Defendant did not contest the issue of the driver's negligence, but relied on the defense of unauthorized use of the truck outside of the scope of the driver's employment. In denying plaintiffs a recovery the trial court found that the use of the truck was unauthorized and without express...

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