Haring v. Myrick

At common law, a master is liable for injuries negligently inflicted by his servant upon another only when the servant is then acting within the scope of his employment. Hartley v. Miller, 165 Mich 115 (33 LRA NS 81, NCCA 126); Riley v. Roach, 168 Mich 294 (37 LRA NS 834); and Brinkman v. Zuckerman, 192 Mich 624. If a negligent injury occurs while the servant is engaged in pursuit of his own affairs and not those of his master, it makes no difference, ordinarily, that the injury is inflicted by use of an instrumentality belonging to the master. Brinkman v. Zuckerman, supra, 628. However, by…