APEX SMELTING CO. V. BURNS
175 F.2d 978, cert denied, 338 U.S. 911 (1950)
NATURE OF THE CASE: This was an appeal from a directed verdict.
FACTS: Apex (P) entered into a security contract with Burn (D) for guarding P's plant.
The contract was performed properly from February, 1943 until September 8, 1946 wherein one
of the guards decided to start a fire. P sued D for $20,000 from the ensuing damages. D
moved to dismiss the action in that it did not charge any negligence against D in any manner
or even any breach of contract. That was denied. D answered and denied that the guard's
actions were within the scope of their employment. After the presentation of evidence, D
moved for a directed verdict. It was granted, and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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