WISE v. WESTERN UNION TELEGRAPH COMPANY

No. G-232.

177 So.2d 765 (1965)

Clara B. WISE and Frank W. Wise, her husband, Appellants, v. The WESTERN UNION TELEGRAPH COMPANY, a corporation, Appellee.

District Court of Appeal of Florida. First District.

Rehearing Denied August 31, 1965.


Attorney(s) appearing for the Case

Searcy & Sohn, Jacksonville, for appellants.

Loftin & Wahl, Jacksonville, for appellee.


TAYLOR, HUGH M., Associate Judge.

We review a summary judgment for the defendant in an action for damages resulting from injuries received when a messenger boy employed by Western Union Telegraph Company, while operating his bicycle on a city sidewalk, struck a pedestrian.

The summary judgment was predicated upon a finding that there was not enough evidence tending to prove that the messenger boy was acting within the scope of his duties at the time of the...

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