Healey v. Cockrill
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; 1. It was error to instruct a verdict for appellee. The employer is liable for the acts of his servant. A slight detour or deviation, even for a purpose of his own, does not relieve the master from liability. The servant was acting within the scope of his authority.
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Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; 1. It was error to instruct a verdict for appellee. The employer is liable for the acts of his servant. A slight detour or deviation, even for a purpose of his own, does not relieve the master from liability. The servant was acting within the scope of his authority. Ill Ark. 212. Unless the deviation or detour is unusual, the master is liable. 27 L. R. A. 161; 27 Id. 161; 100 S. W. 511; 76 Atl. 219; 164 S. W. 236; 144 Pac. 1133; 61 So. 374; 9 L. R. A. (N. S.) 1033; 96 Ark. 365; 62 Id. 116; 153 Pac. 219. 2. Whether the…
1Opinion of the CourtMcCULLOCH, C. J.
Appellants were plaintiffs below in two separate actions instituted against appellee to recover damages on account of injuries resulting from a collision between an automobile in which appellants were riding and another automobile owned by appellee and driven by her servant. The two actions were consolidated and tried together, and after all the testimony had been introduced the court gave a peremptory instruction in favor of appellee.
The liability of appellee turns on the question whether or not the driver of her car was, at the time of the collision, acting within the scope of his…
2Cases cited4 opinions
- Ritchie v. WallerSupreme Court of Connecticut · 1893
- Fleischner v. DurginMassachusetts Supreme Judicial Court · 1911
- Provo v. ConradSupreme Court of Minnesota · 1915
- Eakin's Administrator v. AndersonCourt of Appeals of Kentucky · 1916
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- Edwards v. EarnestSupreme Court of Alabama · 1921
- Mullins v. Ritchie Grocer CompanySupreme Court of Arkansas · 1931
- Thomas v. Lockwood Oil Co.Wisconsin Supreme Court · 1921
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