Stevens v. Frost

The plaintiff claimed to have been injured by the negligence of an employee of the defendant. At the close of the plaintiff's presentation of evidence the defendant rested and moved for a directed verdict in his favor on the ground that the evidence presented would not justify a finding that the acts, negligent performance of which is complained of, were in the course of the employee's employment. The presiding Justice granted the motion and the plaintiff excepted. There is no other issue before this Court. Whether an employee is acting in the scope of his employment may be a question of fact for a jury or a question of law for the Court. Whether there is evidence to justify triers of facts to so find is for the Court, and if there be no such evidence, it is the duty of the Court to direct a verdict. 39 C. J., Master and Servant, Sec. 1593; Zampella v. Fitzhenry, 97 N.J.L. 517, 117 A. 711, 24 A. L. R., 666. This is but an application of the principle that, if only one conclusion is justified, the Court will direct the jury to that conclusion. Heath v. Jaquith, 68 Me. 433; Burnham et al. v. Hecker, 139 Me. 327; 30 A.2d 801.