Lewis v. Miller Peanut Company

(After stating the foregoing facts.) Under the doctrine of respondeat superior as applied in this State, every person is liable for the torts of his servant committed in the prosecution and within the scope of his business, whether the same is by negligence or voluntary. See Code, § 105-108. In the case at bar the question which arises, upon the sustaining of a general demurrer, is whether the facts alleged in the petition, when construed most strongly against the pleader, show as a matter of law that at the time of the accident Hufstettler was acting within the scope of his employment. No…