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MERWIN v. KELLEMS

78 So.2d 865 (1955)

John C. MERWIN, Jr., and Blanchard Machinery, Inc., a Florida Corporation, Appellants v. Charles Leo KELLEMS, Appellee.

Supreme Court of Florida. Special Division A.

Rehearing Denied April 14, 1955.

Attorney(s) appearing for the Case

Knight, Smith & Underwood, Herschel E. Smith and Wm. H. Hoeveler, Miami, for appellants.

Nichols, Gaither, Green, Frates & Beckham and Sam Daniels, Miami, for appellee.

SANDLER, Associate Justice.

Appellee, Kellems, was injured in an intersectional motor vehicle collision when his automobile was struck by an automobile owned and operated by the appellant, Merwin. Kellems filed suit against Merwin and the other defendant, Blanchard Machinery, Inc., charging Merwin with negligence and also that at the time of the accident he was a servant of Blanchard Machinery, Inc. and was acting in the scope of his employment by and in the course...

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