Oliphant v. Town of Lake Providence

On Rehearing

O’NIELL, Chief Justice.

Having considered again the question propounded by the court of appeal, a majority of the members of this court are of the opinion that, under the facts stated, the Town of Lake Providence is not liable for the injuries caused by the negligence of the driver of the town’s automobile. The doctrine of respondeat superior is stated in the Civil Code, in the first paragraph of article 2320, as it is in the common law — thus :

“Masters and employers are answerable for the damage occasioned by their servants and overseers, in the exercise of the functions in which…