Brinkman v. Zuckerman

This action was brought to recover damages for an injury to plaintiff’s property, caused by the running of an automobile against the front of his store. The automobile was owned by defendant, and was being driven at the time by one Mclvoy, who was employed by defendant generally as a chauffeur. In the absence of any statute enlarging the responsibility of the owner, defendant’s liability depends upon whether the chauffeur, when the accident occurred, was acting as his servant and within the scope of his employment. The trial judge held that he was not, and directed a verdict against plaintiff.