Atlantic Coast Line R. Co. v. Heyward

(After stating the foregoing facts.) Ground 1 of the amended motion for a new trial assigns error on the following charge of the court: “A tort is within the scope of the servant’s employment if the servant in doing the act is motivated in part at least by a desire to serve his employer, and if it appears that the act out of which the tort originated was not an extreme deviation of the normal conduct of such employee.” It is urged that this excerpt from the charge states an erroneous principle of law in laying down the rule that only extreme deviation from the normal conduct of an employee…