Shinabarger v. Phillips

Plaintiff sued for damages resulting from a beating inflicted upon him by defendant Charles Phillips on the gasoline station premises of the latter’s father, defendant Jack Phillips. • A jury returned a $3,000 verdict for plaintiff against both defendants. Prom judgment entered on that verdict the father, defendant Jack Phillips, appeals. The son, defendant Charles Phillips, has not appealed.

Appellant says that the main issue on this appeal is whether the defendant son was an employee of defendant father on the night in question and, if so, acting within the scope of his employment when he…