Yearwood v. Peabody

1. “The employer generally is not responsible for torts committed by his employee when the latter exercises an independent business, and in it is not subject to the immediate direction and control of the employer.” Civil Code (1910), § 4414. The term “independent business,” as used in this section of the code, must necessarily be taken to mean a business or employment separate and independent from the business of the employer. The fact that such employee might not be generally engaged in the particular business or occupation carried on by him under his special contract with the employer would…