Crane Auto Parts, Stewart Avenue Branch, Inc. v. Patterson

The defendant contends that the evidence demanded a finding that its employee, Rowland, was acting beyond the scope of his authority in permitting the plaintiff to ride on its truck, and also showed that the plaintiff’s injuries were caused by his own failure to exercise ordinary care.

The evidence supported the case as laid in the petition. The issue was not whether Rowland and Malone were expressly authorized to send the plaintiff onto the lot for the purpose of choosing an acceptable part and to permit him to ride in the defendant’s vehicle, but was whether their actions were in the scope…