Davis Gas Co. v. Powell

The central issue in this appeal is whether the acts of defendant-appellant’s employees were within the scope and course of their employment so as to impose liability on their employer for the consequences of those acts. This appeal is by the defendant employer alone with error being enumerated inter alia, upon the trial court’s failure to direct a verdict for employer-defendant and its failure to grant a judgment n.o.v.

Plaintiffs case is essentially that defendant’s two employees, also co-defendants below, negligently permitted an intoxicated sixteen-year-old girl, also a co-defendant, to…