Davis Gas Co. v. Powell

Stolz, Judge.

1. 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.

Whatley and Lamb were employees of Davis Gas Company on the date of the death of Patricia Powell Cox. They had been instructed by Hamp Davis, their boss, to go to Harold Ivey’s farm that afternoon to pick up wheels for a tobacco barn. They used the truck assigned to Cliff Whatley for this purpose. Both had trucks assigned to them which they used…