Dale v. Armstrong

Citations

• 107 Kan. 101
• 190 P. 598
• 1920 Kan. LEXIS 20

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Negligence — Injuries—Autotruck Negligently Driven by Employee— Accident While Servant toas Engaged in Employer’s Business. An employer was sued for damages resulting from personal injuries sustained in a collision with an autotruck negligently driven by his employee. The employee was required to deliver a box at a stated place, and had deviated from the course of his employment to do an errand for a third person. Held, if the place where the accident occurred were a place where the driver, confining his conduct strictly to the business of delivering the box, might properly be, and if, when at that place, the driver’s movements were impelled by a purpose to deliver the box, the jury was authorized to say he was within the scope of his employment.</p> <p>2. Same — Rejected Evidence Immaterial. The driver was not permitted to testify that he would not have been at the place where the collision occurred but for the deviation, and that in going on to the place of delivery he intended to make a slight detour from the most direct route. Held, the evidence was not material.</p>