Barker v. Elder

The plaintiff’s intestate, Mabel B. Myers, widow, forty-one years of age, was struck and killed by an automobile operated by the defendant’s servant, upon the street of the town of Pikeville, Tenn., on the 23d of January, 1935. The defendant E. N. Keith, being the master of the driver «of the automobile, was sued as the responsible party and answerable for the negligence of the servant. The defendant’s defense is that at the time of the accident his servant had stepped aside from his employment and was upon a mission of bis own, and since be was not acting for tbe master, tbe master is not…