Miller v. Frank I. Epstein Co.

The trial court found that the driver of defendant’s truck was not negligent and that the act he was doing at the time was not within the scope of his. employment. We agree with him as to both findings, but shall base our decision upon the latter alone. For that reason we have not set out fully the evidence nor discussed the probative force thereof.

*114The rule of law is well settled that a master is not liable for the tort of his servant committed outside the scope of his employment. The more difficult question is to determine when an act of a servant is or is not within the scope of his…