Thomas-Kincannon-Elkin Drug Co. v. Hendrix

This is an appeal from a judgment against the appellant and Clyde Smith for the commission of a tort against the appellee. Smith did not appeal.

The appellant is engaged in the retail drug business, including the sale of soft drinks. Clyde Smith was employed by it to sell such drinks, in doing which he sometimes mixed medicine with the drinks at the request of the customer. The appellee is an employee of the Western Union Telegraph Company, with which company the appellant had an arrangement by which its messenger boys, delivered packages for the appellant.

According to the evidence for the…