Fidelity Casualty Co. of New York v. Moore

Prior to his death on December 8, 1937, Charles S. Moore, Jr., was an employee of Lee Motors, Inc. He was Secretary and Treasurer of the company and manager of its parts department. The company maintained a twenty-four hours service, making it necessary for Moore to be available at any time.

On Sunday night, December 5, 1937, Charles S. Moore, Jr., went to his place of business, turned off the lights which he left on earlier in the evening, carried his wife home, and started back at once. On the way back to' his place of business, his car struck a palm tree, resulting in injuries from which he…