Ward v. Barringer

The maxim, respondeat superior, does not apply here, for the relation of master and servant did not exist. Reeder was not the servant of Barringer. The latter had no control over Reeder in the operation of the truck, and Reeder so testified; nor could Barringer be considered as a mere guest of Reeder. Barringer’s relation to Reeder was contractual and his riding as a passenger in Reeder’s truck, for the purpose of pointing out the location of the stalled car, was incidental to the carrying out of his contract of hire entered into at Bucyrus. Reeder under the circumstances was required to…