Rogers v. Town of Black Mountain

Conceding tbat negligence on tbe part of tbe driver of' tbe truck bas been shown which resulted in plaintiff’s intestate’s death, still tbe record is barren of any evidence sufficient to bold tbe defendant liable under tbe doctrine of respondeat superior. Cole v. Motor Co., 217 N. C., 756, 9 S. E. (2d), 425; Martin v. Bus Line, 197 N. C., 720, 150 S. E., 501.

Tbe driver of tbe truck was not about tbe defendant’s business “at the time of and in respect to tbe transaction out of which tbe injury arose.” McLamb v. Beasley, 218 N. C., 308, 11 S. E. (2d), 283; Liverman v. Cline, 212 N. C., 43, 192…