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McKINLEY v. RAWLS

No. 9204.

333 F.2d 198 (1964)

Mrs. John B. McKINLEY, Appellant, v. Benjamin RAWLS, C. L. Fuller, d/b/a Superior Tire Company and Columbia Truck Terminal, Appellees.

United States Court of Appeals Fourth Circuit.

Decided March 27, 1964.

Rehearing Denied June 12, 1964.

Attorney(s) appearing for the Case

Thomas E. McCutchen, Columbia, S. C. (Whaley & McCutchen, Columbia, S. C., on brief), for appellant.

P. H. Nelson and E. W. Mullins, Columbia, S. C. (Nelson, Mullins, Grier & Scarborough, Columbia, S. C., on brief), for appellee.

Before SOBELOFF, Chief Judge, BRYAN, Circuit Judge, and BARKSDALE, District Judge.

ALBERT V. BRYAN, Circuit Judge.

An automobile personal injury action by the appellant, Mrs. John B. McKinley, against appellee Superior Tire Company, and its driver Benjamin Rawls, was dismissed by the District Court as to Superior on its motion for a directed verdict. The direction was rested on the finding that the collision of Superior's truck with the McKinley car happened while Rawls was driving the truck in deviation from the bounds of his employment. A verdict...

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