Nicholas v. Callaway

In the instant case the driver [servant] knew that the truck of the master was so injured that it could not be used for the general purpose of making the trip to Canton, a nearby town, in the business of the master, as he had been instructed to do on the day in question. So, instead of making the expected business trip to Canton for his master, the servant decided, without consulting the master, to start on a trip to his home to inform his wife that he was not going to Canton, as he had expected to do, and before he reached his home he collided with the automobile in question. When Wells took…