Linck v. Matheson

Citations

• 63 Wash. 593
• 116 P. 282
• 1911 Wash. LEXIS 1250

Syllabus

<p>Appeal — Review — Motion for Nonsuit — Waiver. Defendants may urge their motion for nonsuit in the appellate court, although they proceeded with the trial, where it was erroneously overruled and the defect was not cured by the proofs subsequently submitted.</p> <p>Master and Servant — Injury to Third Persons — Torts oe Servant — Scope oe Employment. An employee in a billiard room is not acting within the scope of his employment, and his masters are not liable for his acts, where he made an assault upon a customer for personal reasons and ill will, the customer having been given permission to play by the proprietors, and no duty devolving upon the employee as such to which the assault in any manner related.</p>