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WINWARD et al., v. RHODEWALT

203 Pa.Super. 369 (1964)

Winward et al., Appellants, v. Rhodewalt.

Superior Court of Pennsylvania.

March 19, 1964.

Attorney(s) appearing for the Case

G. Clinton Fogwell, Jr., with him Melva L. Mueller, and Reilly and Fogwell, for appellants.

Robert S. Gawthrop, Jr., with him Gawthrop & Greenwood, for appellee.

Before RHODES, P.J., WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (ERVIN, J., absent).

OPINION BY FLOOD, J., March 19, 1964:

The plaintiffs obtained a verdict against the defendant for damages to their car resulting from the negligence of the defendant's employe, Francis Dildine. The court below entered judgment n.o.v. for the defendant on the ground that there was not sufficient evidence that Dildine was acting within the scope of his authority as the defendant's agent at the time of the accident. The sole question before us is the correctness of that...

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