Clower v. Western Union Telegraph Co.

90 S.E. 730, 18 Ga. App. 775, 1916 Ga. App. LEXIS 1262

Opinion

Hodges, J.

The plaintiff sued the Western Union Telegraph Company, alleging that he was run over by a bicycle messenger-boy in 'the service of the company. He did not know how he was hurt, and his witness testified that he (the plaintiff) was struck by “a boy on a wheel;” that “the boy had a blue uniform and a cap of the Western Union Company;” that he “did not know whether it was the-Western Union Company’s wheel or not, but the rider had a uniform on.” Held, that the evidence did not meet the allegations of the petition, and was not sufficient to require a submission of the case to the jury. The court did not err in awarding a nonsuit. Judgment affirmed.