Kneff v. Sanford

Citations

• 63 Wash. 503
• 115 P. 1040
• 1911 Wash. LEXIS 1234

Syllabus

<p>Master and Servant — Injuries to Third Persons — Scope of Employment — Question for Jury. Whether a chauffeur was acting within the scope of his authority, so as to render his employer liable for an accident, is a question of fact for the jury, where it appears that the automobile was kept standing for hire in front of a hotel, that the chauffeur took a telephone girl home from her work at the hotel, without collecting any fare, which the. owner had permitted on at least one other occasion, that the chauffeur injured a pedestrian on his return trip, and that the chauffeur was not discharged; and it is not sufficient to overcome the prima facie case, as a matter of law, although he and the owner testified that he acted contrary to instructions in taking the girl home without collecting a fare.</p>