Budgen v. Dorfman

This is an action of tort wherein the plaintiff seeks to recover damages for injuries resulting from negligence of the defendants while the plaintiff was in their employ in their automobile repair shop. The answer of the defendants was a general denial and contributory negligence, and that the plaintiff at the time was not acting within the scope of his employment.

The trial court made certain findings of fact and rulings of law which, so far as material here, were as follows:

The plaintiff, who was seventeen years old, was employed by the defendants to polish and dust cars, keep floors clean,…