Liverman v. . Cline

Without debating the question of plaintiff’s alleged contributory negligence, we think the judgment of nonsuit must be upheld on the ground that the record fails to disclose any relation of employer and employee between the defendant and Ralph Gibbs, the driver of the truck at the time of plaintiff’s injury.

“Where one person is sought to be charged with the negligence or wrongdoing of another, the doctrine of respondeat superior applies only when the relation of master and servant is shown to exist between the wrongdoer and the person so sought to be charged, at the time of and in respect to…