Gilbert v. Progressive Life Insurance

The only question presented, the sufficiency of the petition to withstand general demurrer, is determinable by whether or not under the allegations the tort was committed in the prosecution and within the scope of the business of the de-. fendant corporations. “Every person shall be liable for torts committed by his servant . . in the 'prosecution and within the scope of his business whether the same shall be by negligence or voluntary.” Code, § 105-108. The plaintiff alleged that, a week prior to the date of the assault and battery committed upon him, he had severed, upon amicable terms, his…