Ellis v. American Service Co.

An employer is liable where his employee causes injury by negligent operation of the employee’s automobile while in use in the prosecution of his employer’s business, when the employer knows or should know that the employee is so using it. Davidson v. Telegraph Co., 207 N.C. 790, 178 S.E. 603; Miller v. Wood, 210 N.C. 520, 187 S.E. 765; Pinnix v. Griffin, 219 N.C. 35, 12 S.E. 2d 667; 5 Am. Jur. p. 728, Automobiles sec. 393; 60 C.J.S. p. 1159, Motor Vehicles sec. 453.

In Davidson v. Telegraph Co., supra, a "Western Union messenger was using his own automobile to deliver messages for his…