Huddle House, Inc. v. Burke

Pannell, Presiding Judge.

The case as decided by the trial judge is, in our opinion, dependent entirely on the following erroneous concepts: (1) That the ten-year-old child, Burke, was an invitee in the place where he was injured behind the counter; (2) that employing him to get ice and thus assist his cousin, Murphy, and the waitress in the performance of their duties behind the counter, was a mere violation of instructions on the part of the cousin and the waitress, but was within the scope of their employment because both Murphy and the waitress shared the duties of getting ice as a part of…