Hill v. Decatur Ice & Coal Co.

ANDERSON, C: -J.

To recover against the defendant upon the theory of respondeat superior, it was necessary for the plaintiff to establish two distinct facts: First, the status of master and servant; and, second, that the act done was within the scope of the servant’s employment.

The relation of master and servant between the defendant and Kloepfer was established ; that is, he was an engineer at the defendant’s plant. So, the question arises: Was he, when driving the car and injuring the plaintiff, acting within the scope of his employment? The undisputed evidence denies any contractual…