Schulte v. Pyle

The evidence was undisputed that the defendants Trulock owned the bottling business and that the defendant Schulte was their agent in charge of its operation. Schulte’s duties were that of executive and administrative head of the bottling company and he did the hiring and filing in connection therewith. The negligence of an under-servant in respect to the inspection of bottles and the soft drink was not attributable to the defendant Schulte. Code § 4-409. The only negligence of which the defendant Schulte could have been guilty under the circumstances would have been an original act of…