Ferguson Ex Rel. Ferguson v. Rex Spinning Co.

Tbe material question for our determination was whether Whitey Barnes, under tbe facts and circumstances of tbis case, was acting within tbe “scope of bis employment?” We cannot so bold.

Tbe law, as stated in 18 R. C. L., p. 795-6, is as follows: “Acts impliedly authorized or such as are within tbe scope of tbe employment— that is, wrongs for which tbe employer may be held accountable — are not susceptible of precise or even very helpful definition by any phrase or short form of expression. Each case must be determined with a view to tbe surrounding facts and circumstances — tbe character of…