Fred A. York, Inc. v. Moss

I respectfully dissent because I believe there is a question of fact with respect to whether Sharpe was within the scope of his employment when the collision occurred.

“The law is clear that in the absence of special circumstances a servant in going to and from work in an automobile acts only for his own purposes and not for those of his employer. But this rule does not apply ‘where the vehicle is taken to the employee’s home because the employee’s possession of it enables him more conveniently to perform some duty for the master.’ [Cit.]” Chappell v. Junior Achievement &c. Atlanta, 157 Ga.…