Emison v. Wylam Ice Cream Co.

The American decisions seem to be unanimous in holding that “where there is neither express nor implied authority given a servant to employ another to perform or to assist him in the performance of his work, or a subsequent ratification by his employer of such employment, the relation of master and servant between the employer and one so employed by his servant, does not exist, and he is not liable for the negligent acts of the latter under the doctrine of respondeat superior.” 39 Corp Jur. 1272, § 1459, citing numerous cases, among others, Thyssen v. Davenport Ice, etc., Co., 134 Iowa, 749,…