Minnesota Mining & Manufacturing Co. v. Ellington

On demurrer this court must accept as true the allegations which deal with the authority delegated to the employee team manager by his employer, since it is conceivable that there might be circumstances under which the allegations could be true and susceptible of proof. Under the allegations it would, be a question for a jury whether the employee defendant was acting in the prosecution of his employer’s business when he committed the alleged tort. The plaintiff in error contends that, since the petition is demurrable because it shows on its face that Warren was not attempting to keep the…