Scott v. Peabody Coal Co.

The fundamental question presented by the record is that of liability. The evidence shows without controversy that the action of the driver, Hughes, in inviting or permitting the plaintiff to ride on the wagon he was driving was entirely outside of, and beyond the scope of the business of the defendant, and the employment of the driver. The defendant had not permitted its drivers to allow, boys to ride on its wagons. On the contrary all drivers of coal wagons, and Hughes personally, had been forbidden to do that tiling. So far as the record, shows this was the first time any attempt had been…