Rothrock Ex Rel. Rothrock v. Roberson

Pee CtjRiam.

'While it may be conceded for the purpose of this appeal that there was evidence of negligence on the part of defendant Roberson, and that he was, at the time of the injury complained of, an employee of defendant Baggs, the testimony fails to show that Roberson was in the employ of the defendant oil company, or that he was at the time acting within the scope of such employment.

It appears that defendant oil company leased to defendant Baggs a service station with all necessary equipment for the sale of petroleum products to be purchased from the oil company, with provision in the…