Smith v. . Cathey

Pee, Curiam.

We see no error in the judgment of the court below. The allegations of the complaint, construed in a light most favorable to plaintiff, do not state facts .sufficient to constitute a cause of action (C. S., 511 [6]) against defendants G. M. Cathey and Buster Green, trading as Arrow Taxicab Company. When the assault took place, Barther Groves, an employee of the Arrow Taxicab Company, was not about his master’s business, nor was his act in the scope of his employment. Ferguson v. Spinning Co., 196 N. C., 614; Jackson v. Scheiber, 209 N. C., 441.

The judgment of the court below is

Affi…